Back
PANKAJ MITHAL, SANJAY KAROL
Lavanya C – Appellant
Versus
Vittal Gurudas Pai Since Deseased By Lrs. – Respondent
JUDGMENT :
Sanjay Karol, J.
1. This appeal arises out of judgment and order dated 23rd February 2021/16th March, 2021 passed in Miscellaneous First Appeal No.7055/2013(CPC) by the High Court of Karnataka at Bengaluru, whereby the respondents before the High Court, appellants herein (defendants in Trial Court), were held guilty of disobedience of their undertaking before the Trial Court of not alienating the property, subject matter of the suit.
The original defendants in the Trial Court through their counsel gave an undertaking which was allegedly disobeyed. The plaintiffs aggrieved thereby filed the case, which was dismissed, and they appealed to the High Court, ultimately resulting in a favourable order. The original defendants now aggrieved by being held in contempt, are appellants herein.
2. A brief resume of facts leading to the appeal are :
2.1 The respondents herein were the original plaintiffs in Original Suit No.4191 of 2007 seeking a declaration to the effect that agreement between the parties dated 30th April 2004, i.e., ‘Joint Development Agreement’1[‘JDA’, for short] to be “revoked rescinded and terminated.” The JDA was entered into regarding the construction of residentia
(1) Breach of injunction – Any undertaking given to Court cannot be without requisite authority from client – Lawyer is to respect decision-making right of client.(2) Powers of contempt of Court have....
Point of Law; application under Order XXXIX Rule 2A of CPC is filed, the Court shall register that as Miscellaneous and issue notice of the same to the defendants contemnors since no such procedure w....
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
Wilfully disobeyed the order of injunction – In view of the provisions of Section 22 of the Act of 1971, the provisions of the Act of 1971 are in addition to and not in derogation of the provisions o....
Lawyers must adhere to client instructions and have specific authorization for concessions affecting client rights; failure to do so may not constitute contempt.
Civil contempt occurs when a party knowingly contravenes court orders, resulting in the deprivation of rights for another party involved in litigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
