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Vaniamkandy Thazha Kunhi Parambilparkum Pommani Chintakath Mammali Vs. Thazhithattath Kutti Ammu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1916Mad640(1); 30Ind.Cas.144a
AppellantVaniamkandy Thazha Kunhi Parambilparkum Pommani Chintakath Mammali
RespondentThazhithattath Kutti Ammu
Excerpt:
penal code (act xlv of 1860), section 188, disobedience to injunction issued by civil court, if punishable under--'promulgated', import of. - 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 chandrahanta de 7 c.l.r. 350, to orders issued under the code of criminal procedure, and not to judgments and orders of civil courts.2. we must set aside the order of the lower appellate court and direct him to dispose of the appeal on the merits.3. costs to abide the result.
Judgment:

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 Chandrahanta De 7 C.L.R. 350, to orders issued under the Code of Criminal Procedure, and not to judgments and orders of Civil Courts.

2. We must set aside the order of the lower Appellate Court and direct him to dispose of the appeal on the merits.

3. Costs to abide the result.


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