Category: Contempt

Contempt Petition – Non-compliance of directions – Builder is guilty of delaying the construction by not taking suitable steps in complete disobedience of the orders passed by this Court based on its undertaking – Contempt Petition is closed with liberty to the tenants/occupants to approach this Court in case of non-compliance of the directions.

SUPREME COURT OF INDIA DIVISION BENCH JAGDISH MAVJI TANK (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. HARRESH NAVNITRAI MEHTA AND OTHERS — Respondent ( Before : L. Nageswara Rao…

Contempt is a matter which is between the Court passing the order of which contempt is alleged and the contemnor; questions as to executability of such order is a question which concerns the parties inter-se – Power of the Court to invoke contempt jurisdiction, is not, in any way, altered

SUPREME COURT OF INDIA DIVISION BENCH URBAN INFRASTRUCTURE REAL ESTATE FUND — Appellant Vs. DHARMESH S. JAIN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Contempt of Court – Non-compliance of the directions issued by this Court is wilful and deliberate and amounts to contempt of Court – Direction to respondent-contemnors to remain present before this Court on 22nd February 2022 and show cause as to why they should not be held guilty for having committed contempt of this Court and be punished in accordance with law.

SUPREME COURT OF INDIA DIVISION BENCH BIJAY KUMAR SINHA AND OTHERS — Appellant Vs. TRIPURARI SHARAN AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Constitution of India, 1950 – Article 129 – Contempt of Courts Act, 1971 – Contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection – This is not a fit case to exercise the said jurisdiction by punishing the respondents – However, it is always open for the petitioner to adopt appropriate proceedings for recovery of money as mentioned in the report in accordance with law – Contempt petitions disposed of in terms.

SUPREME COURT OF INDIA DIVISION BENCH THE BORDEURI SAMAJ OF SRI SRI MAA KAMAKHYA — Appellant Vs. RIJU PRASAD SARMA AND OTHERS — Respondent ( Before : Ajay Rastogi and…

Contempt of Courts Act, 1971 – Section 12 – Contempt of Courts – Violation of Court’s directions – A decree obtained under Land Acquisition Act, is an executable decree and no contempt can be maintained for non-compliance of such decree – Weapon of contempt is not to be used in abundance or misused – inasmuch as contempt is between contemner and the court.

SUPREME COURT OF INDIA DIVISION BENCH M/S. SOORAJMULL NAGARMULL — Appellant Vs. SRI BRIJESH MEHROTRA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

Contempt of Courts Act, 1971 – Civil contempt – Guilty of willful disobedience of order in respect to the levy made-Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge – When two views are possible, the element of willfulness vanishes as it involves a mental element – It is a deliberate, conscious and intentional act

SUPREME COURT OF INDIA DIVISION BENCH DR. U.N. BORA, EX. CHIEF EXECUTIVE OFFICER AND OTHERS — Appellant Vs. ASSAM ROLLER FLOUR MILLS ASSOCIATION AND ANOTHER — Respondent ( Before :…

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Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.