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July 28, 2023

Legal Issues Seminar-General IP (LIS-GIP) On “Is The Power Of Court To Punish For Disobedience Of An Injunction In Civil Proceedings Akin To Civil Contempt?”

Featuring: Yash Raj

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Yash Raj, Associate, on “Is the Power of Court to Punish for Disobedience of an Injunction in Civil Proceedings akin to Civil Contempt?”. The seminar explored the provision of Order XXXIX Rule 2A under the Code of Civil Procedure, 1908 (CPC) which provides for consequence of disobedience of an order of injunction and analysed it against the relevant provisions of the Contempt of Courts Act, 1971. The session delved into the judicial decisions that have delved into the scope and power of court under Order XXXIX Rule 2A of CPC, and the varied interpretation that has been provided by the Courts. The seminar involved an interesting observation on the divergence in opinions of the various coordinate benches of the Hon’ble Supreme Court on the issue and subsequent varied reliance by the High Courts. The session concluded with a discussion on the difference in the nature and scope of the provisions, and the need for a reference by a larger bench of the Hon’ble Supreme Court on the issue to resolve the conflict.

The presentation can be accessed here.

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