LawforAll

advocatemmmohan

My photo
since 1985 practicing as advocate in both civil & criminal laws

WELCOME TO LEGAL WORLD

WELCOME TO MY LEGAL WORLD - SHARE THE KNOWLEDGE

Thursday, November 4, 2010

police protection - injunction cases

No police protection shall be given in implementation of injunction orders as the police have no role in civil adjudication when order of injunction is alleged to have been vilated, application seeking police protection would not lie . aggrieved pary has to file EP under or. 21 rule 32 or an application under or. 39, rule 2 A seeking attachment of property and or arrest of vilator for contempt of court . WHERE AN APPLICATION IS MADE UNDER SEC. 94 [C] 94. Supplemental proceedings.— In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed.—

(a) Issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the prison;

(b) Direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) Grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) Appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) Make such other interlocutory orders as may appear to the Court to be just and convenient. AND SEC. 151 CPC ALLEGING A THREAT OF BREACH, DISOBEDIENCE OR VIOLATION OF AN ORDER OF INTERIM OR TEMPORARY INJUNCTION, THE COURT HAS POWER TO ORDER POLICE PROTECTION, SUBJECT TO PROOF, IMPOSING NECESSARY CONDITIONS NOT TO INTERFERE WITH LIFE AND LIBERTY RIGHTS OF THE OPPOSITE PARTY-STANDARD OF PROOF IN SUCH CASE SHOULD BE VERY HIGH- CIVIL COURT CANNOT IN ALL CASES GRANT AN ORDER DIRECTING POLICE TO GIVE PROTECTION TO SAFEGUARD THE PROPERTY WHICH IS SUBJECT MATTER OF SUIT ==2010 [6] ALT 92.