PRASHANT KUMAR MISHRA, N. V. ANJARIA
United Labour Federation – Appellant
Versus
Gagandeep Singh Bedi – Respondent
ORDER :
1. Leave granted.
2. Assail in this appeal is to the order passed by the High Court on 28.09.2022, in Contempt Petition No. 1814 of 2022, by which the Contempt Petition preferred by the appellant has been held not maintainable in the High Court, on the ground that the order dated 24.04.2007 passed by the High Court in Writ Appeal No. 2234 of 2000, having merged in the order dated 21.11.2017 passed by the Supreme Court in Civil Appeal No. 19497 of 2017 and in Civil Appeal No. 19498 of 2017, the High Court cannot adjudicate the Contempt Petition.
3. Without entering into unnecessary details, suffice it would be to indicate that appellant had preferred a Writ Petition No. 12544 of 1999, which was taken up for hearing along with some other Writ Appeals and by common order dated 23.04.2007, the matters were disposed of by issuing certain directions. For the purpose of the present Contempt proceedings, we are concerned with direction No. 10 which is reproduced below:
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(1) Doctrine of Merger – When Special Leave Petition is dismissed or disposed of without granting leave there would be no application of Doctrine of Merger, even if order is passed with reasons.(2) C....
The doctrine of merger applies when the appellate jurisdiction of the Supreme Court is invoked, superseding the decision of the High Court. The power to punish for contempt under Article 215 of the C....
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 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....
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....
The contempt jurisdiction is to ensure compliance with the order of the Writ Court and cannot be used to review or challenge the correctness of the order passed in compliance with the direction of th....
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....
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