Skip to main content

Violation Of Injunction Order Should Be Agitated At Court Of The Lowest Hierarchy

Answering a matter in reference, a division bench of the High Court of Kerala has ruled that in cases arising out of violation of injunction order, the appropriate forum would be the court of the lowest hierarchy.

A division bench presided by Justice V Chitambaresh and Sathish Ninan was considering a matter in reference by a single bench. The necessary facts of the case would be as thus: The plaintiff sought for an order of temporary injunction pending disposal of the suit, which was declined by the trial court, but later allowed by the appellate court.

Justice V Chitambaresh, who wrote the order under reference, observed that a procedural statute like CPC should not be construed in a literal sense, without understanding the scheme of the statute.

The court observed that Order XXXI Rule 2A is a deeming provision, which enables the court seized of the matter to deal with issues arising out of violation of an injunction order by itself, as if passed by the trial court itself.

The judicial reasoning was explained by Justice V. Chitambaresh as follows:
“Expediency warrants that the court where the main proceeding is pending (which in the instant case is the court of the munsiff where the suit is pending) deals with an application of that nature. Similarly the appellate court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in the appeal suit. This will obviate the necessity to pursue two independent proceedings in two different forums parallely between the same parties in respect of the same subject matter of the lis.”

The court even though held that jurisdiction could be exercised concurrently in these matters, observed that it would be advisable for the parties to agitate the same in the court of the lowest hierarchy as a first instance.

Comments

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...