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RAJBIR SEHRAWAT
Jasbir Singh – Appellant
Versus
Shri. A K Singh – Respondent
JUDGMENT
Rajbir Sehrawat, J.
Notice of motion.
2. On the asking of Court, Mr. Pawan Kumar Longia, Deputy Advocate General, Haryana accepts notice on behalf of the respondents.
3. Counsel for the respondents while referring to the order dated 10.04.2023, passed by the Division Bench in LPA 367-2023, contends that the Division Bench, at the time of issuance of notice of motion in the appeal against order of the writ Court was also pleased to order that "in the meantime, the contempt Court shall not proceed with the matter."
4. Counsel for the petitioner has submitted that the above said LPA No. 367 of 2023 is not arising out of the case of the petitioner and there is no stay order passed in LPA 369-2023; which arises from the writ petition, filed by the petitioners.
5. Had this order of stay of contempt proceedings in an appeal against the writ Court order been a stray incident in a single case, this Court, as a matter of judicial comity, would have even followed that order, however, the parties in different cases have been repeatedly producing such or similar orders passed by different Division Benches, resulting into increasing unnecessary pendency of contempt petitions. So it has be
The Division Bench lacks authority to issue stay orders in contempt matters not under challenge, affirming the contempt Court's jurisdiction under the Contempt of Courts Act.
Compliance with court orders is essential and must be enforced regardless of pending appeals, as established by Supreme Court directives.
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....
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 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....
An intra-court appeal against an order dismissing contempt proceedings is not maintainable as per Section 19(1) of the Contempt of Courts Act, 1971, which allows appeals only against orders imposing ....
The Supreme Court's stay of contempt proceedings does not undermine the High Court's exclusive authority under Article 215, raising concerns about judicial accountability and constitutional conformit....
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....
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