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In Re: Chandrakanta De

Type Court Judgment Court Kolkata Decided Nov 09, 1880
~1 min read
https://sooperkanoon.com/case/868668

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Citation
Court
Kolkata
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code (Act XLV of 1860), Section 188 - Injunction in Civil Suit--Disobedience of Order. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Chandrakanta De

Legal References

Reported In
(1881)ILR6Cal445

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.

Full 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.

Continue Your Research

Same Parties In Re: Chandrakanta De vs Same Subject Criminal Same Judge Richard Garth, C.J. and ;Maclean, JJ.
Criminal

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