The main legal point established in the judgment is that an appeal lies under Section 19 of the Contempt of Courts Act, 1971, only against an order imposing punishment for contempt, and not against orders declining to initiate proceedings for contempt, initiating proceedings, dropping the proceedings, or acquitting the contemnor.

H. L. Dattu, C. J.

1. This contempt appeal is filed against the orders passed by the learned Single Judge in Contempt Case (Civil) No. 1153/2007 dated 18/07/2008. Obviously, this appeal is filed under S.19(1) of the Contempt of Courts Act, 1971.

2. When the matter came up for admission before the Court, we asked the learned counsel appearing for the appellant to tell us with regard to the maintainability of the appeal as such. The learned counsel, while answering the query posed by us has brought to our notice the observations made by the Apex Court in the case of Midnapore Peoples Coop. Bank Ltd. and Others v. Chunilal Nanda and Others, 2006 KHC 795 : 2006 (5) SCC 399 : AIR 2006 SC 2190 : JT 2006 (11) SC 203 : 2006 (3) KLT SN 112 : 2006 CriLJ 2903 : 2006 (102) Cut LT 45 and also the decision of this Court in the case of Rasheed v. Saji Basheer, 2005 KHC 542 : 2005 (2) KLT 106 : ILR 2005 (2) Ker. 13. In the first case, the Apex Court has stated as under:

"The answer to Point (1) is that the following position emerges from case law in regard to appeals against orders in contempt proceedings:

I. An appeal under S.19 is maintainable only against an order or decision of the High Court passed in exercise of its jurisdiction to punish for contempt, that is, an order imposing punishment for contempt.

II. Neither an order declining to initiate proceedings for contempt, nor an order initiating proceedings for contempt nor an order dropping the proceedings for contempt nor an order acquitting or exonerating the contemnor, is appealable under S.19. In special circumstances, they may be open to challenge under Art.136 of the Constitution.

III. In a proceeding for contempt, the High Court can decide whether any contempt of Court was committed, and if so, what should be the punishment and matters incidental thereto. In such a proceeding, it is not appropriate to adjudicate or decide any issue relating to the merits of the dispute between the parties.

IV. Any direction issued or decision made by the High Court on the merits of a dispute between the parties, will not be in the exercise of "jurisdiction to punish for contempt" and, therefore, not appealable under S.19. The only exception is where such direction or decision is incidental to or inextricably connected with the order punishing for contempt, in which event the appeal under S.19 can also encompass the incidental or inextricably connected directions.

V. If the High Court decides an issue or makes any direction, relating to the merits of the dispute between the parties, in a contempt proceedings, the aggrieved person is not without remedy. Such an order is open to challenge in an intra Court appeal (if the order was of a Single Judge and there was a provision for an intra Court appeal), or by seeking special leave to appeal under Art.136 of the Constitution (in other cases)."

3. In the second case, this Court has observed as under:

"3. In the instant case, Writ Petition No. 31022 of 2003 was closed on the submission of the Government Pleader that payment of dues on account of the service rendered will be made in six months time. If that is an undertaking within the meaning of S.2(b) of the Contempt of Courts Act and a wilful breach of the same is committed, then it would be an act of contempt punishable under S.12 thereof. In the case on hand, the learned Single Judge obviously did not treat the statement made by the respondents as an undertaking and that is why he opined that there was no act of contempt on the part of the respondents. If the appellant is aggrieved by the same, he has to only invoke the provisions under Art.136 of the Constitution as S.19 of the Contempt of Courts Act gives a right of appeal if the contemnor is committed for contempt and there is no such appeal provision when a contemnor is discharged. But, here we have to add a note of caution. While disposing of the contempt case and discharging the contemnor if the Court passes any order which adversely affects the