High CourtsDivision Bench

In Re: Chandrakanta De

Calcutta High Court · Decided on 9 November 1880 · Citation: (1881) ILR (Cal) 445

HON’BLE JUDGES
Richard Garth, C.J · Maclean, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 188
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Judgment

2 paragraphs · 80 words

Richard Garth, C.J.—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.