High CourtsDivision Bench(1915) 03 MAD CK 0059

Vaniamkandy Thazha Kunhi Parambilparkum Pommani Chintakath Mammali vs Thazhithattath Kutti Ammu

Madras High Court · Decided on 2 March 1915 · Citation: AIR 1916 Mad 640(1) : 30 Ind. Cas. 144(1) : (1915) 2 LW 410

HON’BLE JUDGES
Seshagiri Aiyar, J · Napier, J

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Judgment

5 paragraphs · 97 words
1.

The District Judge is wrong in holding that disobedience to an injunction issued by a Civil Court is punishable u/s 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.