NDLI: Dr. U. N. Bora, Ex. Chief Executive Officer & Ors. Vs. Assam Roller Flour Mills Association & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Courts Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Contempt of Courts Act, 1971 (70 of 1971)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Contempt of Courts Act, 1971 – Assam Agricultural Produce Market Act, 1972 – s.21 – Levy of cess on the agricultural produce bought or sold in the notified market area – Deeming fiction – Writ petitions filed by respondent no.1-Association – Rules struck down – s.21A inserted by 2006 amending Act – Challenged – Division Bench of High Court upheld s.21 and held that the deeming fiction would apply only where a trader fails to establish direct evidence of sale or purchase having been undertaken outside the notified market area; Committee constituted – Contempt alleged – Appellants held guilty – On appeal, held: Civil contempt means willful disobedience of a decision of the Court – Willful disobedience is relevant – Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge – Vicarious liability as a principle cannot be applied to a case of contempt – Further, High Court on the earlier occasion while dealing with the challenge made to s.21 made a categorical assertion that it did not wish to go into the disputed questions of fact – However, in the order under challenge it was done – A finding was given on the documents produced by the respondent no.1 which could at best be pieces of evidence to be appreciated by the committee constituted – In cases where cess was levied, individual members of the respondent no.1 could have made their challenge before the Committee – Order passed by the High Court in contempt case set aside. Contempt of Courts Act, 1971 – Standard of proof – Held: Proof beyond reasonable doubt is required since the proceedings are quasi-criminal in nature. Contempt of Court – Disputed questions of facts – Held: While dealing with a contempt petition, the Court is not expected to conduct a roving inquiry and go beyond the very judgment which was allegedly violated – Said principle has to be applied with more vigor when disputed questions of facts are involved.
Judge	Hon'ble Mr. Justice M.M. Sundresh
Neutral Citation	2021 INSC 671
Petitioner	Dr. U. N. Bora, Ex. Chief Executive Officer & Ors.
Respondent	Assam Roller Flour Mills Association & Anr.
SCR	[2021] 10 S.C.R. 484
Judgement Date	2021-10-26
Case Number	1967

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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
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Dr. U. N. Bora, Ex. Chief Executive Officer & Ors. Vs. Assam Roller Flour Mills Association & Anr.

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