Examveda

A' granted an injunction restraining 'B' from use of a trade mark. 'A' alleged that 'B' had willfully disobeyed the injunction order. 'B' pleaded that he had no knowledge of the injunction order. Evidence was non conclusive. The Court shall order

A. Property to 'B' to be attached

B. 'B' to be detained in civil prison

C. 'B' to compensate 'A' by damages

D. None of these

Answer: Option D

Solution (By Examveda Team)

Injunction and Disobedience of Injunction Order
An injunction is a court order restraining a party from doing a specific act or compelling them to perform a certain act. It is an equitable remedy granted to prevent irreparable harm.

If a person willfully disobeys an injunction order, they may be held liable for contempt of court, which can lead to penalties such as attachment of property, detention in civil prison, or fines. However, if the party genuinely lacks knowledge of the order, the court must consider whether the violation was intentional.

Explanation of the Correct Answer
The correct answer is Option D: None of these.

Why Option D is Correct?
In cases of alleged disobedience of an injunction order, the burden is on the plaintiff to prove that the defendant had knowledge of the order and willfully disobeyed it. In this case, B pleaded lack of knowledge, and the evidence was inconclusive. Since contempt proceedings require clear and conclusive proof of willful disobedience, the court cannot impose penalties like property attachment, civil detention, or damages without sufficient evidence.

Why Other Options Are Incorrect?
Option A: "Property to 'B' to be attached" – Incorrect, because attachment of property is a severe penalty imposed only when willful disobedience is conclusively proven.

Option B: "'B' to be detained in civil prison" – Incorrect, as civil detention for contempt requires clear proof that the defendant knowingly and willfully disobeyed the injunction, which is missing in this case.

Option C: "'B' to compensate 'A' by damages" – Incorrect, because contempt proceedings do not automatically entitle the complainant to damages unless the violation is proved and damages are specifically sought in a separate claim.

Conclusion
Since there is no conclusive evidence of willful disobedience, the court cannot impose penalties. Therefore, the correct answer is Option D: None of these.

This Question Belongs to Law >> Code Of Civil Procedure

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