Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act 1971 (c) ss.2(b) encumbered and unencumbered shares |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Contempt of Courts Act, 1971 (70 of 1971) |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Contempt of Courts Act, 1971 – ss.2(b), (c) – Dispute between the petitioner and the respondents in SLP (C) No.20417/17 referred to international arbitration – As on 31.03.2017, ‘MMS’ & ‘SMS’- Directors (contemnor nos.9 & 12 and 10 & 13, respectively) of Oscar Investments Limited (OIL-respondent no.1 in SLP) and RHC Holding Private Limited (RHC-respondent no.8 in SLP) through OIL and RHC held 100% stake in Fortis Healthcare Holding Private Limited (FHHPL) which in turn held majority stake in Fortis Healthcare Limited (FHL)– Petitioner filed enforcement proceedings in the Delhi High Court for the arbitral award passed in Singapore holding it entitled to receive Rs.3500 crores approx. from respondent nos.1-15 – Therein, it filed applications for restraining the respondents from encumbering their assets – Several assurances given by the respondents that no action would be taken to prejudice petitioner’s rights – Petitioner filed contempt petition before the High Court alleging violation of its orders by which in effect, OIL & RHC were restrained from reducing their shareholding in FHL through FHHPL – High Court recorded fifth assurance given by the respondents – Challenged by the petitioner in SLP(C) No.20417/17 – On 11.08.2017, status quo was directed to be maintained w.r.t the shareholding of FHHPL in FHL – Petitioner filed contempt petition in this Court alleging that the conduct of the respondents in creating pledge on 14.08.2017 is violative of the said order – On 31.08.2017, contempt petition disposed of clarifying that the order dated. 11.08.2017 was in respect of both the encumbered and unencumbered shares – Aforesaid orders clarified by order dated. 15.02.2018 – Another order passed on 23.02.2018 stating that interim order dated. 15.02.2018 will continue to hold the field till the High Court decides the matter– Further, Indiabulls Ventures Limited (IVL), with which FHHPL maintains a demat account transferred 12,25,000 shares of FHL held by FHHPL to Indiabulls Housing Finance Limited (IHFL) – Present contempt petition filed alleging that this was in contempt of the aforesaid orders – Held: Transaction of 12,25,000 shares is out of the unencumbered shares because after 31.03.2018, the encumbered shares were much below 12,25,000– Official record shows that these shares were not encumbered – Contemnors failed to place any cogent material on record to show that these 12,25,000 shares were pledged on or before 31.08.2017– Contemnor nos.1-8, active directors of IHFL & IVL are guilty of knowingly and wilfully disobeying the orders of this Court and of committing contempt of Court – To be heard on the question of sentence – Further directions issued – In the case of contemnors 9, 10, 12 & 13, they knowingly and willingly lost control of FHL – Undertakings given to the Delhi High Court as also the orders of this Court were violated – Delhi High Court will deal with the issue in so far as the undertakings made before it are concerned – Contemnor nos.9 & 10 have also wilfully and contumaciously disobeyed the orders of Supreme Court – Action for committing criminal contempt could have been taken against contemnor nos. 9 & 10, but by taking a lenient view of the matter it is being treated only as civil contempt– To be heard on the question of sentence – Directions issued – Further, suo moto notice of contempt also issued – Registry to register fresh contempt petition w.r.t the violation of the order dated. 14.12.2018 in which RHC, OIL, ‘MMS’, ‘SMS’ and FHL be arrayed as contemnors. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1251 |
Petitioner | Vinay Prakash Singh |
Respondent | Sameer Gehlaut & Ors. |
SCR | [2019] 17 S.C.R. 89 |
Judgement Date | 2019-11-15 |
Case Number | 2120 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |