Sunday, June 13, 2010

Civil Procedure Code, 1908

Section 9
Suit for banning/issuing an injunction on publication of a book, which is in existence and being published and read for last 135 years, on the ground that its publication was likely to disturb public tranquility and public order.

HELD Plaintiffs, after 135 years wanted to use it as a tool to cause damage to the society. Such kind of suits are not of civil nature and are purely of religious nature .
In such a situation the Court could not have entertained the suit for injunction dismissed.

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