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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Radox Trader Pvt. Ltd. – Appellant
Versus
Aparna Ashram Society – Respondent
JUDGMENT :
Sureshwar Thakur, J. (Oral)
On oral request of the learned counsels appearing for the contesting litigants, CACP No. 11 of 2024 is taken on board itself for hearing.
2. Since both these contempt appeals arise from common orders made by the learned Contempt Bench of this Court, respectively on 07.05.2024, and, on 29.05.2024, in COCP-444-2021, orders whereof are extracted hereinafter, therefore, both these contempt appeals are amenable for being decided through a common verdict.
"Order dated 07.05.2024
The present petition has been filed alleging contempt qua the order dated 16.12.2016 passed in Civil Suit No.125/2004, whereby respondents No.5 to 15 were held to be not the proper management of the Society and despite that, they are selling the land belonging to the Society.
It deserves mention that the Society was established by a Sanyasi called Swami Dhirendra Brahmchari. Since, he was a Sanyasi, therefore, he had proclaimed to the world that he had renounced it. Therefore, as such, there cannot be any legal heir of a person, who has renounced the world. In such a situation, the property left behind such a person or the establishment of such a person has to be taken as the prop
Civil contempt involves willful disobedience of a court order, requiring intentional actions with knowledge of consequences; negligence is not sufficient for contempt.
Willful disobedience of a court order requires knowledge of the order; lack of such knowledge negates contempt.
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
Contempt proceedings cannot address merits of disputes but focus solely on willful disobedience of explicit court orders.
Intent is essential for establishing contempt; mere disobedience is insufficient without a wilful disregard for court orders.
The court emphasized the statutory right under Section 19 of the Contempt of Courts Act and the self-contained nature of the Act in regulating contempt proceedings.
The main legal point established in the judgment is the requirement of a final order in the contempt proceedings for an appeal to be maintainable, and the limitation on the High Court's jurisdiction ....
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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