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MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
State Of Rajasthan – Appellant
Versus
Manoj Kumar Tungariya – Respondent
JUDGMENT
1. This appeal is directed against order dated 20.11.2021 passed by the learned Single Judge in Civil Contempt Petition No. 95/2018, by which the learned Single Judge directed the Director and the Secretary, Primary Education Department to remain present before the Court to explain as to why they should not be punished.
2. Even before formal admission of the appeal, learned counsel for Respondent No. 1/contempt petitioner, in whose contempt petition, the learned Single Judge has passed order on 20.11.2021, have appeared and taken objection to the maintainability of the appeal, therefore, learned Additional Advocate General was heard on the issue of maintainability of the appeal.
3. Learned Additional Advocate General would contend that though present is not a case where contemnors/officers of the State have been punished for contempt, it is a case where the learned Single Judge has issued certain directions deciding the matter independent of the order of which contempt was alleged before the learned Single Judge. He would submit that though there was direction of the Court to accommodate the writ petitioner, since accommodation was not possible for want of vacancy, despite th
An appeal under Section 19 of the Contempt of Courts Act, 1971 is maintainable only against an order imposing punishment for contempt, and an independent adjudication on the merits of the dispute bet....
The contempt jurisdiction is to ensure compliance with the order of the Writ Court and cannot be used to review or challenge the correctness of the order passed in compliance with the direction of th....
The court clarified that in contempt proceedings, the judge's role is limited to assessing compliance with prior orders, not issuing new directives, emphasizing the maintainability of appeals under S....
An intra-court appeal is maintainable against an order passed by the learned Single Bench in contempt proceedings if the order contains positive findings and directions relating to the merits of the ....
An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt; non-punitive orders are not appealable.
The main legal point established in the judgment is that the Contempt Court must be conscious that it is not possessed of the powers of other corrective jurisdictions like review or appeal against th....
Compliance with court orders must be in accordance with the specified rules and amendments, and failure to do so may amount to contempt.
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