In Re: Chandrakanta De - Court Judgment

SooperKanoon Citationsooperkanoon.com/868668
SubjectCriminal
CourtKolkata
Decided OnNov-09-1880
JudgeRichard Garth, C.J. and ;Maclean, JJ.
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.