Madras High Court
Vaniamkandy Thazha Kunhi ... vs Thazhithattath Kutti Ammu on 2 March, 1915
Equivalent citations: 30IND. CAS.144A, AIR 1916 MADRAS 640(1)
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 6 C. 445 : 7 C. 445 : 7 C.L.R. 350 : Ind. Jur. 412, 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.