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Thursday, July 28, 2011

Sale of property in violation of Order 39 injunction

Sale is invalid in exercise of power u/s 151 CPC
See  AIR 1996 SC 135, AIR 2008 SC 901: (2008) 8 SCC 348

2 comments:

  1. 19. We must also take notice of the fact that even a court in exercise of its inherent jurisdiction under Section 151 of the Code of Civil Procedure, in the event of coming to the conclusion that a breach to an order of restraint had taken place, may bring back the parties to the same position as if the order of injunction has not been violated. (Gurunath Manohar Pavaskar v. Nagesh Siddappa Navalgund [(2007) 13 SCC 565 : (2007) 14 Scale 283] .)

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