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BIBEK CHAUDHURI
Masood Alam, son of Late Md. Muslim Ansari – Appellant
Versus
State of Bihar – Respondent
ORDER :
(Bibek Chaudhuri, J.)
1. On the question as to whether the Rule of Contempt shall be issued against the Respondents / Contemnors, an application for show-cause has been filed by the proposed Contemnors / Respondents, stating, inter alia, that the Respondent sought opinion from the Law department as to his future course of action in view of the judgement passed by this Court which has not admittedly been complied with as yet.
2. The learned Advocate for the Respondents / Contemnors refers to Annexure-B to the said show-cause petition being a submission made by the respondents that after obtaining the opinion of law department advised for filing LPA against the order dated 04.10.2024 passed in CWJC No. 10549 of 2024, letter has been written by the Under Secretary to the Additional Chief Secretary / Chief Secretary / Secretary of all the Government Departments in the State of Bihar that in respect of appeals filed against the judgement passed in the writ petition by a Single Judge, the Government should take steps on the basis of the observation made by the Hon'ble Supreme Court in Civil Appeal No. 3932 of 1992, Modern Food Industries (India) Ltd. & Anr. v. Sachidanand Dass & An
Compliance with court orders is essential and must be enforced regardless of pending appeals, as established by Supreme Court directives.
Contempt jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
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....
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.
Failure to comply with a court order, even pending appeal without stay, constitutes contempt of court.
The Division Bench lacks authority to issue stay orders in contempt matters not under challenge, affirming the contempt Court's jurisdiction under the Contempt of Courts Act.
Contempt of court - LPA against the orders passed in contempt petition is not maintainable as said orders are interlocutory in nature.
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....
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
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