A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]

Ashok Kini

26 July 2019 6:45 PM IST

"The allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but a “willful disobedience”.

The Supreme Court has observed that a person can be held guilty of willful disobedience of the Order XXXIX Rule 2A of the Code of Civil Procedure, not for mere "disobedience" but only for "willful disobedience."In this case, the Trial Court passed an order of injunction and restrained Surendranath from passing off the goods by using trade mark "Mambally's Bakery" or any other trade...

A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]

Ashok Kini

"The allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but a “willful disobedience”.

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