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CHANDRA DHARI SINGH
Kishan Swaroop Sharma – Appellant
Versus
Amitabh Chatterjee – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
CM APPL.36611/2022 (condonation of delay)
1. The application has been filed by the petitioner, seeking the following reliefs:
"Condone the delay of 1023 days in filing the contempt petition..."
2. Learned counsel appearing on behalf of the petitioner submitted that there has been a delay of 1023 days in filing the contempt petition owing to the COVID-19 pandemic, the petitioner was unable to contact his counsel and was later apprised of the unfortunate death of his previous counsel, as a result of the pandemic.
3. It is submitted that Hon'ble Supreme Court took suo moto cognizance of the difficulties faced by the litigators and issued certain guidelines, whereby, the period between 15th March 2020 to 28th February 2022, was exempted in order to compute the period of limitation, making the present petition, well within the limitation period.
4. It is further submitted that the bank, where the petitioner was employed, extended certain false promises with regard to timely grant of the back wages to the petitioner, as a result of which the petitioner deferred approaching this Court.
5. Per Contra, learned counsel appearing on behalf of the respondent veheme
The High Court emphasized that contempt applications must be filed within one year of the alleged contempt, adhering to statutory limitations while asserting selective exercise of inherent powers onl....
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....
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
The main legal point established in the judgment is that the limitation prescribed under Section 20 of the Contempt of Courts Act is to be scrupulously followed, and the powers under Article 215 of t....
The court ruled that civil contempt requires clear evidence of willful disobedience, which was not established due to the respondents' financial difficulties.
The limitation prescribed under Section 20 of the Contempt of Courts Act cannot go against the constitutional mandate contained in Article 215 of the Constitution. The court emphasized that the mere ....
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