Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rule 2A Code of Civil Procedure 1908 : Order 39 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Code of Civil Procedure, 1908 : Order 39, Rule 2A-Scope of-Disobedience or breach of injunction-Trial court ordered the person guilty to be detained in civil prison-High Court setting aside the order accepting the contention that court cannot detain such person without ordering his property to be attached-Held, it is open to the court to attach the property of disobeying party and at the same time court can order him to be detained in civil prison also if the court deems it necessary-Both the steps can be resorted to or one of them alone need be chosen-However, High Court was right that in view of the respondent subsequently removing the obstruction and tendering unconditional apology, it is not necessary to put him in prison. Vidya Charan Shukla v. Khubchand Baghel, AIR (1964) SC 1099, relied on. Ottapiurakkal Thazath Suppi & Ors. v. Alabi Mashur.Koyamza Kaya Kwzhi Koya, AIR (1917) Mad. 448; Nawal Kislwre Singh & Ors. v. Rajendra Prasad Singh & Ors., AIR (1976) Pat. 56 and Kapildeo Upadhyay v. Raghunatlz Pande;; AIR (1978) Pat. 212, referred to.Interpretation of Statutes : Word 'and'-Held sometimes by force of context is read as 'or' : Principle of Noscitur a Sociis, applied.Maxwell on 'Interpretation of Statutes', referred to.Words and Phrases : Expression 'and may also'ยท occurring in Order 39, Rule 2A, C.P.C.-Meaning of Vidya Charan Shukla v. Khubchand Baghel, AIR (1964) SC 1099, A relied on. Black's Law Dictionary and Stroud's Judicial Dictionary, referred to. |
Judge | N/A |
Neutral Citation | 1998 INSC 334 |
Petitioner | Samee Khan |
Respondent | Bjndu Khan |
SCR | [1998] Supp. (1) S.C.R. 244 |
Judgement Date | 1998-09-01 |
Case Number | 11992 |
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