cover image: The Criminal Law Journal of India  Journal  March 15  1908

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The Criminal Law Journal of India Journal March 15 1908

1908

But in chancery the mode is to issue a writ under the great seal incorporating in it the tenor of the substance of the order or decree and commanding the party to perform it; and if he refuses obedience to the writ he is guilty of a contempt not to the chancellor but to the king (32). [...] [Vol *VII for habeas corpus the determination of the question of contempt by the higher court must await the final disposition of the principal suit For that reason it would seem that the decision of the Supreme Court in the New Orleans ease can be supported without deciding the quetion of whether the contempt was criminal or civil. [...] In such case the violation is called to the attention of the court by the injured party and if the violation istroved the wrongdoer is comitted to prison to remain until he purges himself of his contempt by doing the right or undoing the wrong. [...] In a case for instance like that of Dabs (47) where the defendant in violation of an injunction against stoping mail-trains collected a great assembly of men and riotously interfered with the running of the trains the act it would seem was not merely a violation of the injunction but was an active contempt of the court which issued it and of the sovereign whose mails were thus obstruct [...] In such a case the requirements of the private suit would be met by simple restraint of the person until the danger of violation of the injunction had passed or until security was given that the injunction world not be violated ; but in addition a punitive sentence is called for on account of the contemptuous nature of the act of violation.
law
Pages
16
Published in
India
SARF Document ID
sarf.120178
Segment Pages Author Actions
The Criminal Law Journal of India Journal March 15 1908
65-80 S. D. Chaudhri view

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