KALYAN JYOTI SENGUPTA, SANJAY KUMAR
Rajeshwar Tiwari – Appellant
Versus
Hindu Aided Elementary School – Respondent
Kalyan Jyoti Sengupta, C.J.
1. The appellant, on receipt of notice in the Contempt Case filed by the respondents herein before the learned Trial Judge, has brought this Contempt Appeal against the order of the learned Trial Judge in C.C. No. 2186 of 2013 dated 24.11.2014. We dispose of this appeal so far as the imposition of fine is concerned.
2. We have carefully read the judgment of the learned Trial Judge and we find with great respect that His Lordship has not recorded any finding that the alleged contemnor, who is the appellant before us, has willfully disobeyed the order of the Court. In the absence of recording any such finding specifically, no punishment can be imposed for the civil contempt, which is defined under Section 2(b) of the Contempt of Courts Act, 1971 and it is reproduced as follows.
"civil contempt" means willful disobedience to any judgment, decree, direction, order, writ or other process of a Court or willful breach of an undertaking given to a Court."
3. The contempt proceedings are quasi criminal in nature, the alleged contemnor must be told clearly about the charges and decide, if denied, the correctness of such complaint. It has to be indeed, with t
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