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IN THE HIGH COURT AT CALCUTTA
REETOBROTO KUMAR MITRA
Md. Enat Ali – Appellant
Versus
Tapas Kumar Biswas – Respondent
JUDGMENT :
Reetobroto Kumar Mitra, J.
1. The present action is one seeking enforcement of directions contained in an order passed on December 24, 2010 in WP No. 16493 (W) of 2004, by way of a Contempt Petition.
2. The facts of the case are very simple. The petitioner had instituted a Writ Petition being WP No. 16493(W) of 2004 before this Hon’ble Court seeking approval of his service as a clerk of Mazharul Ulum High Madrasah situated in the district of Malda. The petitioner was a graduate at the time of his appointment in December 1996, which he had joined on January 15, 1997. In the course of his employment, he had obtained a Master’s Degree in Political Science and has been working in the capacity of a clerk for a considerable period of time, even though his appointment had not been regularised.
3. It is for the regularisation of his service that he had approached this Hon’ble Court. During the pendency of the Writ Petition, four other persons were added along with the petitioner herein as petitioners in the Writ Petition.
4. The order of 24th December 2010 records that since all petitioners had been serving the institution in question for a considerable period of time in their respec
The pendency of a writ appeal does not absolve the respondents from complying with the court's order, unless a stay of the order has been obtained from the appellate court.
Contempt petition dismissed due to filing beyond one-year limitation under the Contempt of Courts Act.
Willful disobedience of a court order constitutes contempt of court, and the sincerity of an apology in contempt cases is crucial in determining its acceptance.
Timeliness is crucial in contempt proceedings; delays can bar petitions due to limitation under the Contempt of Courts Act, 1971.
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
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