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T. S. SIVAGNANAM, AJAY KUMAR GUPTA
Ambika Prasad Panda – Appellant
Versus
Manik Chandra Maji – Respondent
JUDGMENT :
1. This intra-Court appeal is directed against the order dated May 12, 2023 passed by the learned Single Bench in CPAN 431 of 2023 in WPA 22028 of 2013. By the impugned order the learned Judge had issued various directions and also directed personal appearance of the alleged contemners on June 23, 2023. The correctness of the order and direction has been challenged by the respondents in CPAN 431 of 2023 as alleged contemners.
2. Learned advocate appearing for the respondents/writ petitioners/contempt applicants has raised a preliminary objection with regard to maintainability of this intra-Court appeal. In support of his contention he placed reliance on the decision of the Hon'ble Supreme Court in Midnapore Peoples’ Co-op. Bank Ltd. & ors. vs. Chinilal nanda & Ors. reported in 2006 (4) Supreme 752. Thus, the Court first requires to consider as to whether this intra-Court appeal is maintainable or not.
3. The Hon'ble Supreme Court in Midnapore Peoples’ Co-op. Bank Ltd. & ors. (supra) after taking note of the various decisions rendered by the Hon'ble Supreme Court summarizes the position with regard to appeals against the orders and contempt proceedings in the following manne
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 clarification of the maintainability of an appeal under Chapter VIII Rule 5 of the Rules of the Court in contempt proceedings, emphasizing the ....
An appeal under Section 19 of the Contempt of Courts Act, 1971 is maintainable only against an order imposing punishment for contempt, and an independent adjudication on the merits of the dispute bet....
An intra-court appeal against an order dismissing contempt proceedings is not maintainable as per Section 19(1) of the Contempt of Courts Act, 1971, which allows appeals only against orders imposing ....
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 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 appeal process under Section 19(1) of the Contempt of Courts Act requires a connection with an order punishing for contempt; proceedings not fulfilling this criterion are non-appealable.
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