Back
ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Chithra Woods Manors Welfare Association – Appellant
Versus
Shaji Augustine Alleged – Respondent
JUDGMENT :
AUGUSTINE GEORGE MASIH, J.
1. The instant Contempt Petition (Civil) No. 712 of 2023 (hereinafter referred to as “instant Petition”) in SLP (C) No. 17433 of 2021 (hereinafter referred to as “main Petition”) was filed during its pendency by M/s Chithra Woods Manors Welfare Association, being the Respondent No. 01 therein (hereinafter referred to as “Petitioner Association”), alleging non-payment of arrears of use and occupation charges for period between 20.09.2021 and 31.11.2022 in six monthly instalments beginning 31.12.2022, as directed by this Court vide Order dated 07.11.2022 in the main Petition.
2. This petition was then tagged along with the main Petition vide Order dated 24.02.2023 and eventually, owing to the said non-payment of arrears, the main Petition was disposed of as this Court observed to not entertain the prayer of Mr Shaji Augustine, the Petitioner therein (hereinafter referred to as “Respondent-Contemnor”) but the proceedings in instant Petition sustained.
3. Facts forming the backdrop of the instant Petition are that the Petitioner Association is owner of the decree scheduled building, consisting of 96 furnished studio apartments, at Munnar, Kerala (herei
Contempt of Court – Any person who misuses process of Court with ulterior motives cannot be said to be a person having approached Court with clean hands – A person who tries to tarnish process of lit....
Contempt of Court – Courts ordinarily take lenient approach in a case of some delay in compliance of orders, unless same is deliberate and willful.
The deliberate and wilful breach of undertakings given to the Court constitutes civil contempt under Section 2(b) of the Contempt of Courts Act, and such actions can obstruct the administration of ju....
Deliberate and wilful disobedience of court orders and undertakings can lead to punishment under the Contempt of Courts Act, 1971.
The court emphasized that contempt proceedings should only be initiated when there is a clear case of wilful disobedience of a court's order and that the respondents followed due process to extend cr....
Breach of an undertaking given before a court constitutes civil contempt, emphasizing the expectation of compliance from advocates. Serious contempt calls for punishment to reinforce respect for judi....
Civil contempt is established when a party willfully disobeys a Court order, emphasizing the importance of compliance in maintaining judicial authority.
The judgment emphasized the need for a clear case of wilful disobedience to the Court's order before exercising the jurisdiction to punish for contempt.
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
