Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India : Articles 129 and 142 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India : Articles 129 and 142-Contempt of Court-- Respondents violating directions of Court-Also filing suit in High Court in respect of same subject matter regarding which their special leave petition had been dismissed-Suo Motu notice to respondents by Court-Contemnors tendering japology-Held, respondents' actions amounted to Contempt of Court-Apology is not a weapon to defence forged to purge guilt of offences-Contemnors sentenced to simple imprisonment-However, sentencedeferred subject to conditions.Contempt of Courts Act, 1971 : ss.2(a) & 2(c)-contempt of Court-Criminal contempt-Motive-Contemnors filing suit in High Court after dismissal of special leave petition on same subject matter by Supreme Court-Held, to file a suit and pray for injunction after dismissal of special leave petition, would clearly constitute criminal contempt-A wilful action on part of contemnorsa to undermine dignity of Supreme Court and the majesty of law-Conduct of Contemnors tends to bring authority and administration of law into disrespect or even disregard-It equally tends to interfere with or prejudice litigants during litigation-In the case of criminal contempt intention or motive is irrelevant-So called bona fides as filling of suits because of "legally opined" are totally irrelevant.The petitioner, Delhi Development Authority held an auction of a Commercial towers plot on 8.10.1980. The bid of the Respondent-Company being the highest i.e. Rs.9.82 Crores was accepted and the respondents deposited 25% of the bid amount. The DDA confirmed the bid and asked the respondents to make the balance payment of 75% of the bid amount within 90 days as per the conditions of the auction. The respondents went on delaying the payment. In 1987, the parties entered into an agreement whereunder the respondents agreed to pay the amount in instalments by 15.9.89. However, the respondents did not pay the money and continued to delay the payment by approaching the Government for directions to the DDA. The respondents further protracted the delay and filed a suit and thereafter a writ petition before the High Court. Inspite of directions of the High Court, the respondent did not deposit the amount. Ultimately, the suit and the writ petition were dismissed. The respondent filed a special leave petition before this Court against the judgment of the High Court dismissing the writ petition.On 29.1.1991 this Court passed an interim order to the effect that the respondents would deposit the required amount with the DDA and that the respondents would not induct any person in the property or create any right in favour of any third party. Inspite of this, the respondents issued advertisement in newspapers on 4.2.1991 seeking to create third party rights in respect of the said property. The special leave petition was dismissed on 25.1.1993 and the DDA took possession of the property free from all encumbrances and the monies paid by the respondents were forfeited.After dismissal of their special leave petition, the respondents once again filed a suit before the High Court claiming permanent injunction restraining the DDA from interfering with the title and possession of the property and for a declaration that all dues had been paid by the respondents to the DDA. The DDA filed application for rejection of the plaint contending that the suit was barred by resjudicata. It also issued notice for auction of the property. The High Court allowed the auction to proceed with, but restrained the DDA from accepting or confirming the bid. Aggrieved, the DDA filed the Special leave petition.While disposing of the special leave petition of the DDA, the Court, exercising suo motu powers, issued notice to the partners of the respondent-Company to show cause as to why they should not be punished for contempt of Court for their acts of instituting a suit in the High Court in respect of the same subject matter after this Court confirmed the order of the High Court, and entering into agreement, handing over possession and creating interests in third parties in respect of premises in dispute in defiance of the order of this Court.Contemner No. 1 filed an affidavit stating that the suit was filed on legal advice and that he did not create any third party interests in the property himself in an much as on Company's advertisement, the DDA also advertised in the newspapers about the order of the Court, and the persons who entered into agreement with the Company were fully aware of the litigation and as such no third party rights were created. The contemnors also tendered unconditional and unqualified apology. |
Judge | N/A |
Neutral Citation | 1995 INSC 105 |
Petitioner | Delhi Development Authority |
Respondent | Skipper Construction And Anr. Etc. |
SCR | [1995] 1 S.C.R. 1010 |
Judgement Date | 1995-02-08 |
Case Number | 21000 |
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