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A. Y. KOGJE, SAMIR J. DAVE
DINSHA KAVASJI GHADIYALI – Appellant
Versus
JAMSHED PESHOTAM DOTIWALA – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. Rule. Learned advocate Manan Bhatt waives service of rule on behalf of respondent Nos.1 and 2 and learned advocate Mr. Amit K. Dave, waives service of rule on behalf of respondent Nos. 3 and 4. All these Misc. Civil Applications are arising out of the same cause of action and hence, with the consent of learned advocates for the parties, all the applications are taken up for joint hearing. The facts are extracted from the lead matter i.e. Misc. Civil Application No. 2219 of 2023.
2. This petition is filed alleging contempt of the Court as allegedly the respondents have disobeyed the order dated 05.05.2023 passed by the Gujarat Revenue Tribunal (hereinafter referred to as “Tribunal” for short) in Appeal No. 23 of 2022. The applicants also pray for purging of the contempt by cancelling a lease deed No. 6447 of 2023 dated 09.05.2023 registered with Office of the Sub-Registrar, Surat-5. This lease deed pertains to property in question bearing survey No. 67 of Town Planning Scheme No. 8, Umarvada with final plot No. 50.
3. The aforesaid property is in the name of Surat Parsi Panchayat Funds and Properties Trust (hereinafter referred to as “Trust” for short) of wh
Willful disobedience of a court order requires knowledge of the order; lack of such knowledge negates contempt.
The court emphasized that contempt proceedings should only be initiated when there is a clear case of wilful disobedience of a court's order and that the respondents followed due process to extend cr....
Civil contempt involves willful disobedience of a court order, requiring intentional actions with knowledge of consequences; negligence is not sufficient for contempt.
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
Civil contempt proceedings require specific notice of allegations to ensure fair opportunity for defense; penalties must reflect intent and context, particularly when apologies are tendered.
Wilfully disobeyed the order of injunction – In view of the provisions of Section 22 of the Act of 1971, the provisions of the Act of 1971 are in addition to and not in derogation of the provisions o....
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
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