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PETITIONER: THE STATE OF BIHAR
Vs.
RESPONDENT: RANI SONABATI KUMARI
DATE OF JUDGMENT: 20/09/1960
BENCH: AYYANGAR, N. RAJAGOPALA BENCH: AYYANGAR, N. RAJAGOPALA DAS, S.K. KAPUR, J.L. SUBBARAO, K. HIDAYATULLAH, M.
CITATION: 1961 AIR 221 1961 SCR (1) 728 CITATOR INFO : R 1963 SC1241 (85) RF 1964 SC 669 (14) MV 1967 SC 997 (47,59) R 1974 SC 555 (78)
ACT: Temporary injunction-Disobedience by State of order issued against it-Proceeding in contempt, against the State- Maintainablity-Code of Civil Procedure, 1908 (Act V of 1908), 0. 39, r. 2(3)-Constitution of India, Art. 300.
HEADNOTE: The respondent sued the State of Bihar for a declaration that the Bihar Land Reforms Act, 1950, was ultra vires, void and unconstitutional and for a permanent injunction restraining the State and its officers or agents from issuing any notification thereunder in respect of her estate or taking possession thereof and on a petition filed along with the plaint obtained an order of temporary injunction against the State in terms of her prayer, pending the hearing of the suit. More than a year thereafter, the State made an application under 0. 39, r. 4 of the Code for a discharge of the order of temporary injunction on the ground that the impugned Act had in another case been declarer valid by the Supreme Court. Before th...