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Issues: Contempt of court for disobedience of injunction.
Analysis: 1. Background: The case involves a dispute over mineral and subsoil rights granted by the Maharaja of Chota Nagpur to his younger son in 1867. The Maharaja later sued his half brother and two lessees for interfering with these rights, leading to a decree in his favor by the High Court and the Privy Council in 1931. 2. Current Dispute: In 1944, the Maharaja granted mining leases to a company, which subsequently subleased to an individual, Yakub. The disqualified proprietors of the estate then executed an agreement to lease mineral rights to Yakub, leading to a committal application for contempt of the 1922 injunction. 3. Legal Principle - Contempt: The principle of contempt in equity is personal, and an injunction is a personal matter. The rule is that only persons named in the writ can be held in contempt for disobedience. The argument to proceed against non-parties for aiding and abetting the breach is discussed citing legal precedents. 4. Precedent - S.N. Banerji v. Kuchwar Lime: The judgment refers to a Privy Council case where aiding and abetting in contempt was considered in a similar context. The court held that without a principal offender, there can be no aiding and abetting, making the principle inapplicable. 5. Conclusion: The court concludes that there is no evidence of aiding and abetting the breach of the injunction by the opposite party. The judgment emphasizes that the matter of execution against the opposite party should be addressed in the lower court, and the rule for contempt is discharged without costs. 6. Additional Judgments: Justice Narayan and Chief Justice Agarwala concur with the decision to discharge the rule based on the reasons provided by Justice Meredith. The judgment highlights the importance of following legal procedures for execution remedies and the limited scope of contempt proceedings in cases of disobedience of injunctions.
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