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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Jeevan Singh – Appellant
Versus
Rajesh Negi – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present petition has been preferred under Sections 10 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India for initiating the proceedings against the respondents for having intentionally and deliberately disobeyed the order dated 27.08.2024.
2. Heard counsel for the parties and perused the pleadings.
3. The brief facts giving rise to the case are that the some of the residents of Village Sharli had filed a suit for permanent prohibitory injunction against the State of Himachal Pradesh and Others. On 29.06.2024, a status quo order was passed by the trial Court in the aforesaid suit. The same had been granted till the next date of hearing i.e. 05.08.2024. As on 29.06.2024, the status of work is depicted in Annexure R-3/A atpage 69 of the paper book. Thereafter, the work had been stopped.
4. Being aggrieved of the status quo order dated 29.06.2024, the present respondent No.3 had preferred a CMPMO No.402 of 2024 against the aforesaid interim order. The said petition was withdrawn with liberty reserved in accordance with law on 23.07.2024. Thereafter, an appropriate appeal against the interim order dated 29.06.2024 was
Contempt proceedings require proof of willful disobedience to a court order, which was not established as respondents lacked knowledge of the order.
The necessity of proving the contemnor's knowledge of the court's order beyond reasonable doubt is essential to establish civil contempt under the Contempt of Courts Act, 1971.
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
Failure to comply with an interim order must be deliberate for civil contempt; mere procedural compliance suffices to dismiss claims of willful disobedience.
The main legal point established in the judgment is that willful disobedience of a court order, as defined in the Contempt of Courts Act, can lead to punishment under Section 12 of the Act.
Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
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