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HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE
Dineshbhai Dhulabhai Parmar – Appellant
Versus
Damyantiben Narayanbhai Chauhan – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present contempt application has been filed, seeking following prayers :
“A. That the Hon’ble Court be pleased to prosecute and punish the respondents/contemnors under the provisions of Contempt of Courts Act, 1971 for committing willful disobedience of the order dated 15th December, 2010 passed by this Hon’ble Court in Civil Application (For Stay) No.6605 of 2010 in Second Appeal No.121 of 2010;
B. That the Hon’ble Court be pleased to pass suitable directions against the respondents/ contemnors for remedying and rectifying the things done in violation of order dated 15th December, 2010 and thereafter and to take restitutive measures.”
BRIEF FACTS
2. By a comprehensive order dated 04.03.2024, the Coordinate Bench of this Court had framed the charges against the respondent Nos.1, 2, 3 and 4. The relevant portion of the said order reads as under:-
16. On 28.02.2024, instead of coming with the cancellation/deregistration of the deed, an excuse is offered that the cancellation could not take place, as online appointment with signatures of all the parties was not available.
17. Upon hearing the learned counsel for the respective parties and perusing the materi
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
The judgment emphasized the importance of wilful disobedience and sincere apologies in contempt cases, highlighting the need for genuine remorse and contrition.
Executing Sale Deeds in violation of a court undertaking constitutes contempt of court, as the statements made by advocates are binding unless proven otherwise.
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....
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.
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