Skip to content


In Re: Chandrakanta De - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1881)ILR6Cal445
AppellantIn Re: Chandrakanta De
Excerpt:
penal code (act xlv of 1860), section 188 - injunction in civil suit--disobedience of order. - richard garth, c.j.1. in our opinion section 188 applies to orders made by public functionaries for public purposes, and not to an order made in a civil suit between party and party; so we think the magistrate was right in refusing to-act under the section.2. if the defendant in the suit has disobeyed the injunction, the judge ought, on the application of the plaintiff, to have sent him to jail for disobeying the court's order; that was the proper remedy.
Judgment:

Richard Garth, C.J.

1. In our opinion Section 188 applies to orders made by public functionaries for public purposes, and not to an order made in a civil suit between party and party; so we think the Magistrate was right in refusing to-act under the section.

2. If the defendant in the suit has disobeyed the injunction, the Judge ought, on the application of the plaintiff, to have sent him to jail for disobeying the Court's order; that was the proper remedy.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //