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2004 Supreme(SC) 930

ARIJIT PASAYAT, D.M.DHARMADHIKARI
State Of Bihar – Appellant
Versus
Rajendra Singh – Respondent


JUDGMENT

ARIJIT PASAYAT, J

1. The State of Bihar is in appeal against the order of the learned Single Judge who by the same held that there was violation of the Courts order. Without indicating as to what was the consequence of such violation, it directed re-consideration of the order purported to have been passed in compliance with the direction of the High Court. According to the learned counsel for the appellant-State there was no violation of the High Courts order and as such the finding recorded and the direction for re-consideration are not sustainable in law.

2. Per contra, learned counsel for the respondent, who was the applicant before the High Court, for initiation of contempt proceedings submitted that learned Single Judge was justified in holding that there was violation of the Courts order but having said so, should not have directed for re-consideration and on the other hand should have punished the contemnor.

3. While dealing with an application for contempt, the Court is really concerned with the question whether the earlier decision, which has received its finality, had been complied with or not. It would not be permissible for a Court to examine the correctness of t







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