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september 1998

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.

SAMEE KHAN vs BINDU KHAN · Niyam