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ARIJIT BANERJEE, PRASENJIT BISWAS
Ranbeer Bose – Appellant
Versus
Anita Das – Respondent
JUDGMENT :
PRASENJIT BISWAS, J.
1. Feeling aggrieved by and dissatisfied with the order dated 05.10.2023 passed by a learned Single Bench passed in connection with a contempt application being CPAN 694 of 2022 this instant appeal is filed at the behest of the appellants.
2. The learned Single Judge passed the following order:
Time has been sought for by the learned senior advocate representing the alleged contemnor to comply the direction passed by the Court.
On such request the matter stands adjourned till 30th November 2023.
The order of the court shall be complied and fresh evidence of compliance be filed on the adjourned date.
On the assurance given by the learned Senior Advocate representing the alleged contemnor, the personal appearance of the alleged contemnor stands dispensed with for the time being.”
3. The Respondent No. 1 (herein) filed a complaint before the English Bazar Municipality, Malda ventilating her grievance that the appellant (herein) has been constructing a building next to her building violating the provision of Rule 50 of the West Bengal Municipal (Building) Rules
The court affirmed that contempt proceedings ensure compliance with court orders, emphasizing the necessity of adhering to mandatory regulations in construction.
The appropriate remedy for a private dispute related to construction issues would be to approach the municipal authorities or the civil court, and the court may allow challenges to administrative dec....
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 that willful disobedience of a court order, as defined in the Contempt of Courts Act, can lead to punishment under Section 12 of the Act.
Contempt jurisdiction cannot be used to modify or review previous judgments; it is limited to determining willful non-compliance with original orders.
Contempt jurisdiction cannot modify original orders; it is limited to assessing willful non-compliance.
Contempt jurisdiction cannot modify or review original orders; it focuses solely on compliance with those orders.
Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
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