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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, CJ, MANEESH SHARMA
Suresh Jain, S/o Late Sh. Ram Chandra Jain – Appellant
Versus
RP Chaudhary, Son of Shri Gadadhar Prasad Choudhary – Respondent
ORDER :
1. Heard the learned counsel for the parties at length and also considered the statement of the complainant recorded during the contempt proceedings initiated under Order 39 Rule 2A Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’).
2. The case set up on the application moved under Order 39 Rule 2A CPC was that the appellant had made further construction after an interim order was passed by the learned Commercial Court No.1, Jaipur (hereinafter referred to as ‘Commercial Court’) on 02.07.2019 and, therefore, has violated the order passed by the Commercial Court. The learned Commercial Court proceeded to examine the application moved under Order 39 Rule 2A CPC and evidence was led on behalf of the respondent/applicant. After the cross-examination was conducted, the Commercial Court proceeded to pass the impugned order on 24.08.2021, which was subsequently corrected vide order dated 13.09.2021 and it was directed to attach the property of the appellant and also send the appellant to civil jail for a period of 15 days for committing contempt of the order dated 02.07.2019.
3. The present appeal was filed by the appellant wherein he stated that on 02.07.2019, an orde
In contempt proceedings, the court requires absolute proof of violations due to their penal nature; any doubt favors the accused.
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....
Contempt proceedings for violation of arbitration orders must follow appropriate remedies under the Arbitration and Conciliation Act; direct petitions to the High Court are not maintainable.
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.
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
Contempt proceedings cannot substitute for enforcement of binding court decisions; non-compliance must involve clear disregard of valid orders. The exercise of contempt jurisdiction is limited to ens....
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