Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Passport Surrender |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contempt of Court – Deposit of passport to ensure presence and compliance of the order of the Court – Appellant filed a civil suit seeking declaration, possession, permanent injunction and also for partition of the suit property owned by his late mother – Mother of the appellant had constructed a main building having ground floor and first floor – According to respondent no. 1, the said property was equally divided by mother of appellant between her son-appellant and her daughter (respondent no. 1’s mother) – The Single Judge of the High Court vide order dated 02.06.2008 granted interim injunction restraining the respondent no.1 and his father from alienating or creating 3rd party interest in the suit property – Thereafter, a Company formed by respondent no. 1, his wife and his father, took a term loan from a Bank and first floor of the said suit property was created as a secondary collateral security – Both respondent no. 1 and his father gave undertaking in the Court that they will clear the charge created on the suit property in 4 months – However, they failed to comply the undertakings given by them – Thereafter, various contempt applications were filed against respondent no. 1 and his father, which were followed by repeated undertakings and the same were not complied with – The Single Judge of the High Court directed respondent no. 1 to surrender his passport vide order dated 26.05.2017 to ensure his presence and his compliance of the order of the Court – However, Division Bench of the High Court set aside the said order of the Single Judge of the High Court – On appeal, held: Since repeated undertaking were filed and the same were not complied with, the Single Judge of the High Court directed respondent no. 1 to surrender his passport – The said order was passed to ensure the presence of the first respondent and compliance of the order of the Court – It cannot be said that the Single Judge exceeded the jurisdiction or committed an error in ordering surrender of the passport – In order to ens the presence of the parties in the contempt proceedings, the Court is empowered to pass appropriate orders including the surrender of passport – The Single Judge had not ordered impounding of the passport – The Single Judge had directed respondent no. 1 to deposit his passport in the Court – The Division Bench was not right in setting aside the order of the Single Judge – The order of the Single Judge of the High Court directing to deposit his passport is confirmed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2020 INSC 319 |
Petitioner | Shyam Sahni |
Respondent | Arjun Prakash And Others |
SCR | [2020] 7 S.C.R. 117 |
Judgement Date | 2020-03-19 |
Case Number | 2210 |
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