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2004 Supreme(Pat) 697
PATNA HIGH COURT
Ravi S.Dhavan and R.N.Prasad JJ.
Prof.(Dr.) Amar Nath Sinha @ Amar Nath Singh
Versus
Anup Kumar Pal
M.A. No. 132 of 2004 ; 133 of 2004 ;
Decided On : JULY 15, 2004
The original contempt proceedings merged in the appellate order, leading to the conclusion of the entire matter.
Headnote:
Appeals - Contempt Proceedings - Conclusion of Matter
Fact of the Case:
The court considered the issues in appeals as a continuation of the suit and concluded the entire matter, including the contempt proceedings.
Finding of the Court:
The court found that after the appeals were concluded, there was no place for a reference and the contempt proceedings should have closed.
Issues: The issues revolved around the conclusion of the appeals and the subsequent closure of the contempt proceedings.
Ratio Decidendi: The court held that the original contempt proceedings had been merged in the appellate order, and further analysis or reference was not appropriate.
Final Decision: The entire proceedings were concluded, as mentioned in the order dated 13 May 2004.
1. After the order of the court on appeals against the order of 6 April 2004 the issues were considered in appeals as in a continuation of suit.
2. The appeals were considered on merits. The entire matter was concluded and consigned. This should have been the end of the matter.
3. Consequent upon appeals having been concluded, the chapter on the contempt proceedings should have closed. It is the considered opinion of the court that there is no place for a reference.
4. It will not be appropriate to go into any further dialectical analysis either on the order which gave rise to the appeal or the subsequent order (21.5.2004) which referred the matter to the Appellate Division. The matter stands concluded as whole with the original contempt proceedings having been merged in the appellate order.
5. The entire proceedings, thus, as mentioned in the order dated 13 May 2004, already stands consigned.
