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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Chaalak Shakti – Appellant
Versus
GNCTD – Respondent
JUDGMENT (Oral)
CM APPL. 31766/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
CONT.APP.(C) 34/2023
3. Appellant seeks setting aside of the order passed by learned Single Judge in CONT.CAS.(C) 722/2023 and initiate contempt proceedings against the Contemnors and punish them for committing contempt of the judgment and order passed in W.P.(C) 4889/2023 on 18.04.2023.
4. Though present appeal is not maintainable under Section 19 of the Contempt of Courts Act, 1971, Mr.Abhinav Singh, learned counsel enters appearance on behalf of the respondents and has assured this Court that pursuant to order dated 18.04.2023 passed in W.P.(C) 4889/2023, order shall be passed within two weeks from today.
5. In view of the assurance of learned counsel appearing on behalf of the respondents, appeal is disposed of.
6. We hereby make it clear that if the order is not passed within the time sought, the respondents shall be held liable for the contempt of Court.
An appeal under Section 19 of the Contempt of Courts Act is only maintainable when there is a definite finding against a contemnor or when the contemnor has been punished.
Payments ordered in contempt proceedings classified as costs under CPC rather than fines, raising issues of compliance and clarity in judicial orders.
Contempt jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
An appeal under Section 19 of the Act in a contempt of court case is only maintainable when the contemnor has been found guilty or punished under the act.
Compliance with a court direction by the respondent renders a contempt proceeding infructuous, shifting the petitioner's remedy to a fresh challenge of the compliance order if aggrieved, rather than ....
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.
Prematurity of the contempt appeal
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....
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