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N.K.Assumi (Advocate)     30 June 2011

Does Order 39 r 2A also include the State?

Order 39 Rule 2A of the Civil Procedure Code, spell out the procedures for diobedience or breach of injunction including civil prison against that person. Now, if the State executive head issue notification in violation of the court order of injunction whether the state excutive head can be detained in civil prison?



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 1 Replies

Raghav Sood (Lawyer)     08 July 2011

it is the discreation of court and subject to circumstances to order civil imprisonment or attachment state executive is not immuned from the ambit of order of court which he has knowledge

well in case court finds it a flagrant violation then obviously he has to face the music (Imprisonment)

every body is equal before law


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