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MANOJ JAIN
Sat Priya Mehamia Memorial Educational Trust – Appellant
Versus
Samresh Agarwal – Respondent
JUDGMENT :
1. Petitioners are seeking initiation of contempt proceedings against respondents for violating the directions contained in order dated 03.04.2024 passed by learned Coordinate Bench of this Court in ARB.P. No.396/2024 and O.M.P. (I) (Comm.) 39/2024.
2. While disposing of the above said petitions, learned Single Judge of this Court observed as under:-
3. It is submitted by learned counsel for the petitioners that they were respondent No.1 in the above said petitions and have already deposited the entire amount of Rs.21.95 crores and have also received back the original Title Deed.
4. However, the grievance is with respect to the fact that the criminal complaints filed by the respondents herein are still being proceeded with.
5. Learned counsel for the petitioners submits that a criminal complaint under Section 138 of Negotiable Instrument
Court clarified that respondents must inform police of prior orders to avoid contempt, emphasizing compliance with court directives.
A police officer who willfully and intentionally misrepresents before the court and violates a court order is guilty of contempt of court and is liable to be punished under the provisions of the Cont....
The main legal point established in the judgment is that willful disobedience of court orders related to an arbitral award, including unreasonably delaying compliance and seeking to avoid compliance,....
Non-registration of a criminal case due to lack of evidence does not constitute contempt of court under the Contempt of Courts Act, limited to willful disobedience of clear court orders.
Procedural lapses by law enforcement do not constitute contempt of court unless they result in significant prejudice, and appropriate remedies should be sought through other legal avenues rather than....
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
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