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MAHENDAR KUMAR GOYAL
Tara Chand – Appellant
Versus
Mst Gagadi – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This contempt petition has been filed alleging willful disobedience of the order dated 12.11.2013 passed by this Court, whereby, while setting aside the judgment dated 18.12.1997 passed by the Board of Revenue, the status quo with regard to the disputed property was directed to be maintained during pendency of the suit.
2. Drawing attention of this Court towards the sale deed dated 29.11.2012 executed by some of the respondents/contemnors of the subject property, learned counsel for the petitioner submits that they have executed it despite order of this Court to maintain status quo and have, therefore, committed contempt of this Court. He, therefore, prays that the respondents may be directed to purge the contempt and they may also be punished suitably.
3. Per contra, learned counsel for the respondents submits that since, their prayer in the temporary injunction application was confined to restraining the petitioner from dispossessing them from the subject property, the order of status quo would operate to that extent only. He, therefore, prays for dismissal of the contempt petition.
4. Heard. Considered.
5. In a revenue suit filed by the petit
Contempt is established when a party willfully disobeys a court order, necessitating cancellation of any transactions executed in violation of that order.
Contempt jurisdiction should be reserved for matters that bring the administration of justice into contempt or unduly weaken it, and parties should not skip over effective alternative remedies and re....
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....
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
Willful disobedience of a court order requires knowledge of the order; lack of such knowledge negates contempt.
The judgment emphasized the importance of wilful disobedience and sincere apologies in contempt cases, highlighting the need for genuine remorse and contrition.
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....
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