Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil contempt Section 634A of the Companies Act 1956 Contempt of Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contempt of Court - Civil contempt - Breach of undertaking given to Company Law Board (CLB) by — Respondent — Contempt Case — Conviction and sentence, recorded against Respondent by Single Judge of High Court — Contempt appeal — Division Bench of High Court setting aside the conviction and sentence — Propriety — Held: Normally, the general provisions made under the Contempt of Courts Act are not invoked by the High Courts for forcing a party to obey orders passed by its subordinate courts for the simple reason that there are provisions contained in Code of Civil Procedure, 1908 to get executed its orders and decrees — It is not the object of the Contempt of Courts Act to make decree holders rush to the High Courts simply for the reason. that the decree passed by the subordinate court is not obeyed — However, there is no such procedure prescribed to execute order of CLB particularly after proviso is added to Section 634A of the Companies Act, 1956, vide Companies (Second Amendment) Act, 2002 — Respondent wilfully disobeyed the order of CLB and breached the undertaking given to CLB, and thereby committed Contempt of Court subordinate to High Court — Accordingly, order passed by Single Judge in Contempt Case, to the extent of conviction and sentence recorded against respondent stands restored — However, in exercise of powers under Article 142 of the Constitution of India, to do complete justice between the parties, sixty days time allowed to respondent, to repay the entire amount to the depositor/appellant as directed by CLB — If within sixty days payment is not made to the Me depositor/appellant, respondent be taken into custody to serve out sentence as recorded against him by the Single Judge in Contempt Case - If, as directed, payment is made to the appellant within sixty days, the sentence be reduced to the extent of fine only- Companies Act, 1956 — Companies (Second Amendment) Act, 2002 - Constitution of India — Arts. 136 and 142. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2014 INSC 765 |
Petitioner | E. Bapanaiah |
Respondent | Sri K.s. Raju Etc. |
SCR | [2014] 13 S.C.R. 1413 |
Judgement Date | 2014-11-07 |
Case Number | 2357-65 |
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