Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Willful disobedience - Knowledge acquires substantial importance qua a contempt order - Merely because a subordinate official acted in disregard of order passed by Court, a liability cannot be fastened on a higher official in absence of knowledge...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - While dealing with contempt petition, Court is not expected to conduct a roving inquiry and go beyond the very judgment which was allegedly violated...........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Amounts to contempt of Court u/s 2(b) of the Act...........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Undertaking given by a party should be seen in the context in which it was made and (i) the benefits that accrued to the undertaking party and (ii) the detriment/injury suffered by the counter party - Normally the question whether a party is guilty of..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Subsequent conduct - Very determination of an act of contempt cannot simply be based upon subsequent conduct - However, it is open to Court to see whether subsequent conduct of alleged contemnor would tantamount to an aggravation of contempt already..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Petitioners who availed loan from Bank admitted their liability and undertook to deposit Rs.7 crores - However, petitioners issued four post dated cheques, which were dates beyond the date within which they had agreed to make payment, in compliance of..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Willful disobedience of direction given by High Court - Direction given by High Court to department was limited to consider the case of petitioner for appointment on the post of teacher against any available vacancy - Department rejected the claim of petitioner - It would not be a case of willful..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Wilful disobedience of order of Supreme Court - Supreme Court vide its order passed interim order directing State of Haryana to release sufficient water to keep Wazirabad reservoir full - However, there was no failure on part of State of Haryana in releasing water in accordance with MOU - Petitioner has failed..........
Rent and Eviction -- Tenant not vacating even after direction of Supreme Court while dismissing earlier SLP - Tenant abused the process of law in managing to remain in possession of the property in question - SLP dismissed with cost of Rs.50,000/- payable to D.H. - Tenant directed to vacate the premises with one month failing which D.H. shall be at liberty to initiate..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Person does not commit contempt of Court if during pendency of certain proceedings, he takes recourse to other judicial proceedings open to him, even though later proceedings put other party at a loss...........