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B. R. GAVAI, K. V. VISWANATHAN
Deepak Kumar – Appellant
Versus
Devina Tewari – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. We have heard Ms. Aishwarya Bhati, learned Additional Solicitor General of India (ASG) appearing on behalf of the appellants and Shri Sanjeev Kumar Singh, learned counsel appearing for contesting respondent/Respondent No.1.
3. Learned ASG appearing on behalf of the appellants submits that as a matter of fact, the Special Appeal Defective being No. 197 of 2022 filed by respondent No.1 before the High Court of Judicature at Allahabad, Lucknow Bench challenging the order passed by the learned Single Judge of the High Court dated 5th January 2022 in Contempt Application (Civil) No. 2609 of 2015 preferred by respondent No.1, itself was not tenable. It is submitted that by the said order, the learned Single Judge had held that the appellants have not committed contempt of the order of the learned Single Judge passed on 22nd April 2015, and therefore in view of the decision of this Court in the case of Midnapore Peoples’ Coop. Bank Ltd. and Others v. Chunilal Nanda and Others, (2006) 5 SCC 399 : 2006 INSC 367 the appeal was not tenable.
4. Per contra, Shri Sanjeev Kumar Singh, learned counsel appearing for contesting respondent/Respondent No.1, subm
The court clarified that appeals in contempt cases are only maintainable against orders imposing punishment, not against dismissals or exonerations.
The main legal point established in the judgment is the limitation on the appealability of a contempt Judge's order under Section 19 of the Contempt of Courts Act and Chapter VIII Rule 5 of the Rules....
The main legal point established in the judgment is that the Contempt Court must be conscious that it is not possessed of the powers of other corrective jurisdictions like review or appeal against th....
An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt; non-punitive orders are not appealable.
The court clarified that in contempt proceedings, the judge's role is limited to assessing compliance with prior orders, not issuing new directives, emphasizing the maintainability of appeals under S....
Contempt jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
An appeal under Section 19(1) of the Contempt of Courts Act is not maintainable for interlocutory orders, but an intra-court appeal under Section 5(i) of the Kerala High Court Act may be allowed if a....
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