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Checking relevance for Union Territory Of Tripura VS Gopal Chandra Dutta Choudhuri...
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1992 0 Supreme(SC) 238 : A public servant cannot be imprisoned for violation of a decree of permanent injunction if they were not a party to the suit in which the injunction was granted. The court held that Order 21 Rule 32 of the Civil Procedure Code, 1908, which allows for detention in civil prison or attachment of property for disobedience of an injunction decree, applies only to the ''''party against whom the decree for injunction has been passed.'''' Since the appellant, a public servant (Station House Officer), was not a party to the suit, he could not be subjected to civil imprisonment or attachment of property for alleged disobedience, even if he acted in the course of his official duties. The court emphasized that the term ''''party'''' cannot be construed so liberally as to include every employee of the state, and the intention of the provision is to bind only those who contested the suit and suffered the decree.Checking relevance for KANWAR SINGH SAINI VS HIGH COURT OF DELHI...
Checking relevance for Om Parkash Gupta: Ram Govind Singh: Om Parkash VS State Of U. P. : State Of Vindhya Pradesh: State Of U. P. ...
Checking relevance for Union Of India VS Satish Chandra Sharma...
1979 0 Supreme(SC) 510 : Yes, a public servant can be imprisoned for violation of a decree of permanent injunction, but only under strict conditions. The court held that while the contempt power of the court can be exercised against public servants for disobedience of a judicial order, such punishment must be exercised with judicial discretion and must not be arbitrary. The court emphasized that imprisonment for contempt must be preceded by a clear identification of the person to be imprisoned, and the order must not be vague or omnibus in nature. In this case, the court found the original order imposing civil imprisonment on unnamed officers to be invalid due to lack of specificity, as it failed to identify which officers would be imprisoned. The court stressed that personal liberty under the Constitution cannot be deprived without due process, and natural justice requires that the person to be imprisoned be named in the order. Therefore, while imprisonment is legally possible, it must be done in a manner that respects constitutional safeguards and procedural fairness.Checking relevance for Jagivandas Jaiswal VS Nohari Bai...
2024 0 Supreme(MP) 493 : Yes, a public servant can be imprisoned for violation of a decree of permanent injunction. The Supreme Court in Jai Dayal And Others v. Krishan Lal Garg And Another (AIR 1997 SC 3765) held that if a judgment-debtor does not obey a decree of perpetual injunction, they are liable to detention in civil prison under Order XXI, Rule 32 of the Civil Procedure Code, CPC. This applies regardless of whether the judgment-debtor is a public servant or not, as the law treats non-compliance with a permanent injunction as a continuing disobedience that may result in civil imprisonment.Checking relevance for Talla Srinivas Goud VS Ghanapuram Srinivas Reddy...
2021 0 Supreme(Telangana) 296 : Yes, a public servant can be imprisoned for violation of a decree of permanent injunction. Under Order 39 Rule 2-A of the Code of Civil Procedure, 1908, if there is disobedience of an injunction order, the Court may order the person guilty of such disobedience to be detained in the civil prison for a term not exceeding three months. This provision applies regardless of whether the person is a public servant or a private individual, as the rule targets the violation of a court decree, not the status of the individual. The judgment explicitly confirms that the Court has the power to enforce a decree of injunction through detention in civil prison, which includes any person, including public servants, who wilfully fails to comply with the decree.Checking relevance for Bonakurthi Sanjay VS State of Telangana...
Checking relevance for A. Narsing Rao VS State of Telangana...
Checking relevance for Baburajan, S/o.Madhavan vs State Of Kerala...
Checking relevance for Selvam VS State Rep. by its the Sub-Inspector of Police, Tirunelveli...
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Checking relevance for Union Of India VS H. N. Kirtania...
Checking relevance for Yashodabai Ganesh Naik Gaunekar VS Gopi Mukund Naik...
2002 0 Supreme(Bom) 623 : Yes, a public servant can be imprisoned for violation of a decree of permanent injunction, provided the breach is wilful and intentional. Under Order 21, Rule 32(1) of the Civil Procedure Code, 1908, a decree for injunction may be enforced by detaining the judgment-debtor in civil prison if it is established that the party had an opportunity to obey the decree but wilfully failed to do so. The law does not distinguish between public servants and private individuals in this regard; the key factor is wilful disobedience, not the status of the person. Civil imprisonment is a mode of enforcement, not satisfaction, of the decree, and can be applied repeatedly if breaches continue, even after prior imprisonment, as long as the wilful failure is proven.
