Supreme Court of India · 1998-09-01
SAMEE KHAN vs BINDU KHAN
- Citation / case number
- SC 1998/9945
- Court
- Supreme Court of India
- Petitioner
- SAMEE KHAN
- Respondent
- BINDU KHAN
- Author
- K.T. THOMAS S. SAGHIR AHMAD
- Bench
- K.T. THOMAS S. SAGHIR AHMAD
Judgment text excerpt
The Supreme Court addressed the issue of contempt of court under Order 39 Rule 2A of the Code of Civil Procedure, emphasizing that a court can detain a party for disobeying an injunction without necessarily attaching their property first. The Court held that the High Court's ruling, which required property attachment as a prerequisite for imprisonment, was contrary to established legal principles. The Court reinstated the trial court's order of detention for the defendant who had obstructed the plaintiff's access to the disputed land, thereby upholding the authority of the trial court's injunction.