| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Contempt jurisdiction of High Court Contempt |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Issue for Consideration : Scope and extent of the contempt jurisdiction exercised by a High Court under Article 215 of the Constitution of India read with the provisions of the Contempt of Courts Act, 1971.Contempt – Constitution of India – Article 215 – Contempt of Courts Act, 1971 – Exercise of contempt jurisdiction by High Court – Scope – Suit filed by Trust against Society, decreed by Trial Court directing delivery of possession of the suit premises to the Trust – Execution proceedings initiated by the Trust– In appeal by Society, order passed staying execution proceedings – Contempt proceedings initiatiated by the Trust alleging violation of the condition set out in the stay order stating that the Society had resorted to letting out the suit premises – High Court found the contemnor-appellant guilty of willfully violating the status quo condition in the stay order however, instead of initiating contempt proceedings, it vacated the stay order passed in the appeal in exercise of contempt jurisdiction – Propriety: Held: Directions which are explicit in the judgment or ‘are plainly self-evident’ can be taken into account for the purpose of considering whether there is any disobedience or willful violation – Court has a duty to issue appropriate directions for remedying or rectifying the things done in violation of the Court order and in that regard, the Court may even take restitutive measures at any stage of the proceedings – In addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him – In the present case, vacating of the stay order in the appeal by the High Court in exercise of contempt jurisdiction did not assume either a restitutive or a remedying character – Violation of the status quo condition in the stay order stood complete, even as per the High Court, and vacating of the stay order did not have the effect of restoring the parties to their original position or deny the contemnor the benefit of the disobedience which already stood concluded – Violation of a conditional stay order would entail vacating thereof in a properly constituted proceeding – High Court erred by resorting to such a step while exercising contempt jurisdiction – The concluded act in violation of the status quo order in relation to possession of the suit premises amounted to ‘civil contempt’ u/s.2(b) of the Contempt of Courts Act and warranted appropriate consequences – However, without taking recourse to such a step, the High Court thought it fit to vacate the stay order in the appeal so as to enable the Trust to execute the decree – This action of the High Court transgressed the scope and extent of its contempt jurisdiction and cannot be sustained – Impugned order set aside to that extent – However, as the High Court desisted from exercising contempt jurisdiction, despite finding the contemnor guilty of willfully violating the status quo condition in the stay order, matter remanded to the High Court for continuing with that exercise. [Paras 14-17] |
| Judge | Hon'ble Mr. Justice Sanjay Kumar |
| Neutral Citation | 2024 INSC 73 |
| Petitioner | Amit Kumar Das, Joint Secretary, Baitanik, A Registered Society |
| Respondent | Shrimati Hutheesingh Tagore Charitable Trust |
| SCR | [2024] 1 S.C.R. 1090 |
| Judgement Date | 2024-01-30 |
| Case Number | 1405-1406 |
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 |