Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt proceedings |
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:Contempt proceedings - A contempt action being in thenature of quasi criminal proceedings, the degree ofsatisfaction that must be reached by the court to hold a personguilty of commission of contempt would be akin to what isrequired to prove a criminal charge, namely, proof beyondreasonable doubt. Contempt proceedings -- Alleging disobedience of orderof High Court - High Court holding the appellant guilty ofcommission of contempt of its order and directing for hispersonal appearance for hearing on quantum of punishmentE - Held: Order of the court in respect of which violation isalleged must be clear, unambiguous and unequivocal anddefiance thereof must be apparent on the very face of theaction with which a contemnor is charged -- In the instant case,the interim order of the High Court had directed status quo toF be maintained in respect of allotments -- Admittedly, noallotments had been made by the appellant or any otherauthority -- Order of High Court set aside - HaryanaDevelopment and Regulation of Urban Areas Act, 1975.G Contempt proceedings - Interpretation of the orderalleged to have been disobeyed - Held: Would not beappropriate while dealing with a charge of contempt -- In asituation like the case in hand, where High Court had directedmaintenance of. status quo as to allotment, it was not open for High Court to hold the contemnor guilty by understanding Athe said order to mean status quo or a restraint in respect ofgrant of licences under the Act.CONTEMPT OF COURTS ACT, 1971:s.12, Explanation - Unconditional apology - Held: Anapology tendered by a contemnor should not be rejectedmerely on the ground that it is qualified or conditional so longit is made bona fide -- There is nothing on record to suggestthat the unqualified and unconditional apology tendered byappellant in his reply before the High Court was actuated byreasons that are not bona fide. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 722 |
Petitioner | T.c. Gupta |
Respondent | Bimal Kumar Dutta & Ors. |
SCR | [2013] 12 S.C.R. 170 |
Judgement Date | 2013-10-25 |
Case Number | 9476 |
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