Contempt of Courts Act, 1971, Section 2 -- Civil contempt - Willful disobedience - Since there was no willful disobedience of any of the directions issued by this Court - No case for initiating civil proceedings for contempt made out by petitioners against respondents - Contempt petition dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Breach of temporary injunction - Remedy available is U.O.39.R.2-A CPC - Petition under Contempt of Courts Act is not maintainable...........
Constitution of India, 1950, Article 14 , 16 , 226 -- Selection - Appointment - Challenge as to - Estoppel - During pendency of contempt petition respondents were granted liberty to avail alternative remedy - They had invoked the revisional jurisdiction and Revisional Authority had ordered fresh interviews to be held - Petitioners having participated in that interview..........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Imposing of fine for the time being - There is no provision in the Act or any precedent to impose sentence upon the contemnors in piece meal...........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Person found guilty of contempt of court should be punished on the same day - Case cannot be adjourned for hearing on quantum of sentence...........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Law as to - Exercise of power under Contempt of Court has to be cautious and use of it rather sparingly - Proceedings are quasi criminal in nature and burden of proof is on the person who makes such an allegation - Mere disobedience is not sufficient and there must be an element of willingness which is an..........
Contempt of Courts Act, 1971, Section 12, 2(a), 2(b) -- Contempt of Court - Direction to consider matter in accordance with law - Means that matter should be considered to the best of understanding by the authority - Held, a mere error of judgment with regard to the legal position does not constitute contempt of Court - There is no willful disobedience if best efforts are..........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Civil contempt and criminal contempt - `Civil Contempt' mean `willful disobedience of any judgment, decree, direction, order, writ or other process of court of willful breach of undertaking given to a court - If a person willfully violates the orders of Supreme Court then it can invoke jurisdiction under the..........
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Contempt of Courts Act, 1971, Section 12, 2(b) -- Civil contempt - Conditions must be satisfied before a person can be held to have committed a civil contempt : (i) there must be a judgment, decree, direction, order, writ or other process of a Court (or an undertaking given to a Court); (ii) there must be disobedience to such judgment, decree, direction, order, writ or..........
