Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court |
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 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Contempt of Court Disobedience of court's orders - Court directing reinstatement with consequential benefits as also back wages - Contempt petition alleging non-compliance of order as petitioner was denied benefit of re-designated post on a higher pay scale after his compulsory retirement - Held: Contempt proceedings are quasi-criminal in nature and, therefore, standard of proof required is beyond all reasonable doubt - If two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable - In order to punish a contemnor, it has to be established that disobedience of the order is 'wilful' - Even if there is a disobedience of an order, but such disobedience is the result of some compelling circumstances under which it was not possible for alleged contemnor to comply with the order, he cannot be punished - In the absence of any provision, the statutory authority cannot be asked to pay the salary to two persons for one post, particularly in view of the fact that the person appointed to the post had never been a party to this, nor her re-designation/promotion had ever been challenged - No case is made out to initiate contempt proceedings against respondents. WORDS AND PHRASES:Word 'wilful' - Connotation of in the content of proceedings for contempt of court. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 35 |
Petitioner | Ram Kishan |
Respondent | Sh. Tarun Bajaj & Ors. |
SCR | [2014] 1 S.C.R. 538 |
Judgement Date | 2014-01-17 |
Case Number | 336 |
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