Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Judgment of High Court -- Directions issued in Para 9 and 10 of decision of Rajasthan High Court in the case of Jugal Kishore cannot be said to be binding directions - At the highest, the same shall be treated as suggestions made by High Court - Non compliance with the said decision by a judicial officer cannot be treated as an act of indiscipline or contempt...........
Contempt of Courts Act, 1971, Section 19 -- Appeal - Dismissal of contempt application - Single Judge while dismissing contempt application has not gone into merits of the matter - Appeal u/s 19 of the Act held, not maintainable - Remedy available to respondent was to challenge the order of Single Judge by way of special leave petition...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Contemnor/tenant has not vacated the suit premises despite eviction order against him - Even after filing of contempt petition, peaceful possession was not delivered to landlord - Contemnor deliberately did not appear despite specific direction issued at least..........
Service -- Appointment - Denial of - Appellant though passed the selection examination but he was denied the appointment on basis of amended rule which does not even apply in the case of appellant - High Court on one hand thought it fit to proceed with contempt action against erring officers of State Government, but at the same time, denied relief to appellant on basis..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Appellants while raising construction of residential property, did not maintain open spaces as prescribed under Municipal Building Rules - However, in enquiry report as presented by municipal authorities, construction made by appellants has not been found to be in violation of building plan - Appellants have a..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Mere filing of civil suit asserting certain rights over land contrary to consent decree cannot be said that plaintiffs have breached the consent terms - Appellant participated in such proceedings - Does not amount to contempt of Court...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Violation of order of High Court - Respondent failed to refund the excess amount to appellant as per order of High Court - Single Judge was thus, not justified in discharging respondent in contempt case without ensuring payment of refund amount with interest to appellant - Since respondents failed to comply..........
