Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Moral turpitude - An Advocate convicted for contempt of Court and sentenced to 6 months imprisonment and that he shall not enter the premises of Concerned District Judge for a period of 5 years - However, advocate filed an affidavit tendering unconditional apology before High Court - Keeping in view the..........
Contempt of Courts Act, 1971, Section 15, 20 -- Criminal contempt - Suo moto initiation of contempt proceedings by High Court - Period of limitation is one year - Since action initiated against contemnor after four years of alleged contempt, it is thus hit by limitation...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband an able bodied young man capable of earning sufficient money, cannot deny his legal obligation of maintaining his wife - However, husband contended that he is ready and willing to support wife and children, thus question of maintenance does not arise - Contention rejected, as..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A, Contempt of Courts Act, 1971, Section 14 -- Contempt - Music and audio CDs of film made freely available for sale on websites in contempt of interim order - Even, repeated undertakings breached and false and evasive replies were given by appellant and his wife - Moreover, adequate opportunity to explain his..........
Civil Procedure Code, 1908, Section 2(2), 36, 141 -- Writ petition - Final judgment in writ petition not a decree or order - Not capable of execution - Such judgment can be enforced by invoking contempt jurisdiction of High Court - S.141 CPC is clear that CPC does not apply to writ petitions under Article 226 of the Constitution of India...........
Hindu Marriage Act, 1955, Section 13 -- Matrimonial dispute - Settlement arrived at between parties before supreme Court - Parties duly divorced - Custody of daughter will be with mother - Rs.30 lakhs will be paid as alimony and maintenance to respondent-mother and daughter - Default in payment will amount to contempt of court apart from other consequences of interest etc...........
Contempt of Courts Act, 1971, Section 2, 12 -- Contempt of Court - Non-compliance of order of Court - Merely because appeal against said order is pending before higher forum, is no ground to no, compliance of said order, as till an order passed by competent Court is set aside/stayed/varied/modified, said order remains valid and subsisting and is required to be compiled..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Filing of false affidavit - High Court directing prosecution of deponent u/s 195 IPC, initiating proceedings for contempt of Court and S.21 of Company Secretaries Act - Wrong averments in affidavits was unintentional - Deponent filed an affidavit tendering unconditional apology for unwitting conduct of filing..........
Contempt of Courts Act, 1971, Section 2(3), 15 -- Contempt of Court - Violation of directions of Apex Court - Alleged act of forest clearance against the directions were issued before passing of said directions - Alleged contemnors thus, cannot be said to have committed contempt of Court by violating said directions - Contempt petition dismissed...........
Contempt -- Encroahment in Kamla Nagra Area - Issuance of notice - It is apparent from status report that encroachers are being regularly prosecuted and challaned under provisions of law - Even, affidavit states that `civic authorities will ensure all efforts to keep Kamla Nagar and surroundings free of encroachment by taking regular action for removal of encroachment..........
