O.CHHINNAPPA REDDY, RANGANATH MISRA
Mohammad Idris – Appellant
Versus
Rustam Jehangir Babuji – Respondent
JUDGMENT
O. CHINNAPPA REDDY, J.:—On an allegation that the petitioners had acted in breach of an undertaking given by them in Suit No. 2308 of 1983 in the High Court of Bombay, a notice was issued to them to show cause why they should not be committed for contempt of court. Cause was sought to be shown. A learned single Judge, of the High Court recorded the following finding :-
"In my judgment the action of defendants Nos. 4, and 6 clearly shows utter contempt for the orders of the court and undertaking given by them. I have no hesitation in holding that these defendants have committed gross contempt of Court ............. in my judgment, there is no circumstance whatsoever to take any lenient view of the gross contempt committed by defendants 4 and 6 and both of them are liable to be punished under the provisions of Contempt of Courts Act."
2. On those findings the learned Single Judge committed each of the two petitioners to the civil jail for the period of one month. Against the order of the learned Single Judge, the petitioners preferred an appeal to the Division Bench of the High Court under S. 19(1) of the Contempt of Courts Act, 1971 The appeal was dismissed by the Division B
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