• Role of police u/s 151 orders from court for police aid in implementing temperory injunction orders

Sir/Madame
Temperory injunction has been passed restraining defendent from further construction until partiion of suit property is done by meets and bounds.
 But defendent not obeying the court orders by continuing the construction, taking advantage of physical location of construction planned and spread on a combined land of suit property and the adecent land). Land adjecent land of suit property belongs to her son's. Defendent is confusing the identification of suite property.
Can a court order of police aid u/s 151 from court for police aid can help me. Does police have an authority to identify the suit property refering court orders. What action can police take if the defendent continues the breach of injunction inspite of police warning..?Do police has powers to undergo a spot punchnama of the ongoing activity. Can police record statements of both the party?
Asked 4 years ago in Civil Law

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21 Answers

1) take photographs of continued construction activities by defendant in violation of court orders

2) take out contempt of court proceedings against the defendant

3) if the defendant does not want to go to jail he would comply with court orders forthwith

4)you can complain to Police that defendant has been violating court orders and request police assistance

5)you can apply for and obtain court orders for appointment of court receiver for the property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

yes. police can issue FIR, & u can file petition for breach of injunction under order XXXIX, Rule-2A of CPC to attach property and also for imprisonment of violator

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Dear Sir,

Yes police have vast powers and then can summon govt. surveyor or local authority surveyor to identify the property. Disobedience will be reported to the Court and they can even book a case of tress pass. The court may book for disobedience under order 39 rule 3a cpc. Nothing to worry. Get every thing video recorded and place before the court.

=========================================================================================Madras High Court

Abdul Sukhure Bhai vs Durai Kuppuswamy on 23 June, 2005

Equivalent citations: AIR 2006 Mad 186, 2006 (2) CTC 211

Author: R Banumathi

Bench: R Banumathi

10. Ordering police protection has got serious consequences, impinging on the rights of the parties. Generally, at the stage of granting interim injunction, police protection is not to be ordered simultaneously while granting interim injunction. The reason being, the application is before the Court in the initial stages. The Court is granting interim injunction only on the satisfaction of the prima facie case and the balance of convenience. Since the entire materials are not before the Court and the Defendants have not entered appearance, the Court is not apprised of the realities. When the Court is not apprised of the full situation, it would not be proper to pass an order granting police aid. If such orders are being passed, there is every possibility that the party to whom the interim injunction was granted, armed with the order of police protection, might try to take advantage of the order and there is every possibility of dispossessing the person who is in actual possession. This situation could be avoided by not simultaneously granting police protection along with the interim injunction.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Police will not be able to do much

2. You will have to move a notice of motion in court for appointment of court commissioner and to take physical inspection of site and give report to court

3. Pending submission of report you can pray to court to injunct defendant from making any construction even on adjacent land and maintain status quo

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

In this context, there is a remedy when there is a breach of a courts order to stop a person from dishonoring the order of the court.

Under the Substantial law the Contempt of Court Act 1971 defines both Civil and Criminal Contempt.

Under the Contempt of Courts Act, 1971, Civil Contempt is defined as willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court.

You can file a contempt petition against the defendants for continuing the construction, despite of court order restraining them to do so.

You can also file a complaint against the defendants to the police for violation of the court orders.

P. S. Take photographs of the property in question, having the same day's newspaper in the camera frame to prove the dates of which the photos were taken and file them in court along with the newspaper.

Hope that helps.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Your question: Can a court order of police aid u/s 151 from court for police aid can help me

Answer: Yes the police can aid you if the court order so under provisions of CrPC. Under section 151 of CPC also possible;

Your question: Does police have an authority to identify the suit property refering court orders

Answer: Police do not have the authority to identify the suit property. That is the job for the land measurer and the talathi;

Your question: What action can police take if the defendent continues the breach of injunction inspite of police warning..?

Answer: If someone is creating illegal structures and creating nuisance (punishable under IPC) then the police can aid to stop the perpetrator of the crime;

Your question: Do police has powers to undergo a spot punchnama of the ongoing activity. Can police record statements of both the party?

Answer: The police can undergo spot panchanama. Yes the police can call both the parties and the witnesses to record their statements;

This is my advise to you:

1. File contempt petition in the court against the defendants for violating the order;

2. The judge may levy heavy penalty;

3. Also try to seek compensation for the physical, mental and monetary losses suffered by you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. You shall have to avail the service of a Govt. approved Surveyor or Amin to identify the suit property and pout corner identification marks.

2. Thereafter you should write to the police complaining about violation of the said Court order which restrained the other side in carrying out construction on the suit property.

3. If police refuses to act, you can file the petition u/s151 of Cr.P.C. praying for direction upon the police to act as per law based on your above complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can move to the court fir contempt proceedings against the said party. Yes court will issue necessary directions to the police if required.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Police has no role to play in this.

If the respondent is not obeying the court despite being notified about it through court, then you can file a contempt of court order and also seek relief of demolition of the structure being illegally even after the court restrain order.

You certainly would have obtained the injunction order with the assistance of an advocate, did not your advocate advise you on further process in this regard?

you have to initiate contempt of court proceedings unless you cannot get any relief.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You have to identify the suit property then only can claim reliefs .if you are not aware of exact location of property how can court grant you reliefs

2) court would direct notice be served to defendants before granting reliefs

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. The inherent powers of this court under Section 151 C.P.C. are wide and are not subject to any limitation. Where in violation of a stay order or injunction against a party, something has been done in disobedience, it will be the duty of the court as a policy to set the wrong right and not allow the perpetuation of the wrong doing. The inherent power will not only be available in such a case, but it is bound to be exercised in that manner in the interests of justice. The section itself says that nothing in the code shall be deemed to limit or otherwise affect the inherent power of the court to make orders necessary for the ends of justice.

2. When the court finds that a litigant, who had secured an order from court is not in a position to have full benefit owing either to obstruction or non-co-operation of the other side, it is always open to resort to the law enforcement machinery to see that its order is obeyed and there is nothing illegal or irregular in that

3. The police will assist to execute the court orders in the manner known to law.

4. He cannot do so if ther is a restrain order by court restraining him from carrying out the said activities.

5. Filing an execution petition will be the remedy instead of contempt of court

6. In the same petition for contempt of court an application for appointing a court commissioner can be sought

7. It depend on your prayer, argument and discretion of court

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

court would not grant exparte order without hearing the defendant

2) if defendant has violated court orders take out contempt of court proceedings

3) defendant can be sentenced to imprisonment for violation of court orders

4) farming activities can be continued on the property with court permission

5) contempt of court is faster option

6) court would only grant reliefs sought by Plaintiff . court would not grant status quo on combined land

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. No, it will confuse the Court. If you are not conclusively sure about the suit property, then how can you agitate for other's construction made thereupon? You should get your property identified first with the help of Govt. Surveyor or Amin and shall take their report, put cornerstones and take the photographs of those cornerstones with the said surveyor/Amin. The Court will not help you in identifying your property in support of your claim. The other side might raise objection about the authenticity of the Survey Report submitted by you and can pray for directing an independent survey to be conducted by the TLR office.

2. Police might grant order u/s151 of Cr.P.C. if the opposite party fails or refuses to attend even after receiving the notice.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. No, it will be a wrong step to ask the Court to identify your property. The Court will ask you whether you have filed the application without being sure of your property or just on assumption? The matter has been explained in my earlier post.

2. No Court passes ex-parte order in normal courses. It is passed if then opposite side refuses or fails to appear before the Court despite being notified.

3. If the Order is passed u/s151 of Cr.P.C. by the Court, then the police will arrest the other side if it is found that he has violated the Court order passed earlier.

4. You can continue to carry on your regular activities on your property since there is no court order restraining you in carrying on your activities on your said property.

5.You can file both the cases in this regaqard.

6. If the other side submits that he has not acted against the order of the Court.

7.Court has the power to do anything as per law but whether they will do what you are desiring will depend on the merit of your case.Ordinarily, the Court will not interfere in to the matter in connection with the construction the other side is making on his land or his portion of the land.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The answer to your first four queries is a resounding yes as Section 151 provide for the said inherent powers, which come to the rescue in case of any unforeseen circumstances. They are complementary to the powers otherwise specifically conferred by the Code of Civil Procedure and the court is free to exercise them for the ends of justice or to prevent the abuse of the process of the court by virtue of an obligation to provide justice (ex debitio justitae) in the absence of express provisions of the Code.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

The quickest remedy for you right now to file an application for contempt of court as well as execution petition.

The court, if convinced would appoint the local commissioner on the very first date itself.

You're free to use the said property as you're the lawful owner of the property.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You can pray to the court the said prayers.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

You can pray for appointment of court. Receiver for suit property

2) The receiver is appointed for the benefit of all concerned, he is the representative of the Court, and of all parties interested in the litigation, wherein he is appointed. He is the right arm of the Court in exercising the jurisdiction invoked in such case for administering the property; the Court can only administer through a receiver. For this reason, all suits to collect or obtain possession of the property must be prosecuted by the receiver, and the proceeds received and controlled by him alone”.

3) you can rely upon photographs to prove that defendant has violated court orders

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. you can obtain sanctioned plans from Municipality to ascertain whether the defendant has approval to build on combined land

2. you will have to take out an application for appointment of Court Commissioner with a direction to him to visit the site, take photographs and apprise the court about the actual situation on site and submit report to court

3. direction can also be sought to the revenue officer to apprise the court about the demarcation of the two plots

4. simultaneously you can also prefer contempt petition against defenant for violating court's order

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Though the Courts have power to grant police protection in appropriate cases, such order of police protection is not to be ordered simultaneously along with the order of passing interim injunction.

Application under Order 39, Rule 2A of the Code is maintainable only when there is disobedience of any `injunction' granted or other order made under Rule 1 or Rule 2 of Order 39 or breach of any of the terms on which the injunction was granted or the order was made.

When you have been granted an ad-interim injunction have you followed the procedures under order 39 rule 3 cpc?

3. Before granting injunction, court to direct notice to opposite party.- The court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant—

(a) to deliver to the opposite party, or to send to him by registered post, immediately after the Order granting the injunction has been made, a copy of the application for injunction together with—

(i) a copy of the affidavit filed in support of the application;

(ii) a copy of the plaint; and

(iii) copies of documents on which the applicant relies, and

(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or Sent.

If the above procedure was complied then any violation of the injunction order by the respondent shall be contempt of court for which you can approach the trial court with a petition for contempt against the respondents.

Application for appointment of advocate commissioner can be filed separately for the reasons that you rely upon

An Advocate Commissioner can be appointed under Order XXVI Rule 9 of the Code of Civil Procedure 1908 inter alia for elucidating any matter in dispute.

You can file an application under order 29 rule 9 cpc seeking to appoint an advocate-commissioner in suit for injunction. for various reasons.

For example, the claim for injunction made by the plaintiff is based on the plea that there is only one way to his house and that he is being prevented by the defendant from using the said way. Any amount of evidence in this regard may not help the Court to render a correct finding on this aspect. So, a situation such as this would definitely fall within the expression of “elucidating any matter in dispute.

You may discuss with our advocate on this and file a petition suitably.

Generally video recordings or audio recordings are not admissible as primary evidence in court but they can be produced if the provisions of section 65B of Indian Evidence act are complied properly

There are various citations by various high courts, for example Madras high court ; Abdul Sukhure Bhai vs Durai Kuppuswamy on 23 June, 2005;

Andhra high court Bijiga Papa Rao & Others vs Jonnalagadda Srinivasa Rao on 7 November, 2014;

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. There is no provision in Order 39 Rule 2A for appointment of Court Commissioner. You file file the petition u/o39 R2a and te Court will send the other side notice and if the non compliance of the inunction order is proved to be not complied with, the Court may direct attachment of his properties, civil arrest and also selling off his attached properties to compensate you, if the Court so decides.

2. What the Court Commissioner will do? As posted earlier, the Court will not make survey and identify your property which you shall have to do. If the other side challenges your claim based on the report submitted by your Surveyor/Amin, the Court might direct the TLR office to conduct independent survey of the land and submit the report to the Court for its passing order.

3. It has already been explained earlier and also above that you shall have to first submit your evidence in support of identification of your property and if the other side does not agree with it, then the Court might ask for independent survey.

4. If you can prove that he has breached the injunction order then file a petition u/o 39 r 2A immediately.

5. Current photograph including video recording and the Survey Report submitted by your surveyor/Amin identifying your property should be submitted while filing application u/o 39 r 2A. The video recording should be transferred in a pen drive/CD and submitted along with affidavit affirming its authenticity.

6. File petition u/o39 r 2A for breach of injunction.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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