T.K.P. Mammali Vs. T. Kutti Ammu - Court Judgment
|Judge||Seshagiri Ayyar and ;Napier, JJ.|
|Respondent||T. Kutti Ammu|
indian penal code [act xlv of 1860). section 188 - 'promulgated,' meaning of--injunction, disobedience to--no offence under penal code. - seshagiri ayyar, j.1. the district judge is wrong in holding that disobedience to an injunction issued by a civil court is punishable under section 188 of the indian penal code. the word promulgated in that section refers as pointed out; in in the matter of the petition of chandrakanta de i.l.r. (1881) calc. 445 to orders issued under the code of criminal procedure, not to judgments and orders of civil courts. we must set aside the order of the lower appellate court and direct him to dispose of the appeal on the merits.2. costs to abide the result.
Seshagiri Ayyar, J.
1. The District Judge is wrong in holding that disobedience to an injunction issued by a Civil Court is punishable under Section 188 of the Indian Penal Code. The word promulgated in that Section refers as pointed out; in In the matter of the petition of Chandrakanta De I.L.R. (1881) Calc. 445 to orders issued under the Code of Criminal Procedure, not to judgments and orders of Civil Courts. We must set aside the order of the lower Appellate Court and direct him to dispose of the appeal on the merits.
2. Costs to abide the result.