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1984 Supreme(All) 598

I.P.SINGH
Anis Ahmad Khan – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : K.B.L. Gour

JUDGMENT :

I.P. Singh, J.

This Civil Contempt Application at present is at the admission stage.

2. In this case injunction order that is said to have been violated by the contemners, to commit 'contempt of court' is that of Civil Judge, Agra.

3. During the arguments advanced by the learned Counsel for the applicants a legal point has arisen as to whether for the alleged contempt this Court should proceed to punish the contemner u/s 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) or should the matter be left to be dealt with by the court below whose injunction order is said to have been violated.

4. It may here be conceded at the very outset that Section 10 of the Act confers jurisdiction, power and authority of this Court in respect of Contempt of Courts subordinate to it.

5. At the same time Order 39, Rule 2-A, CPC provides:

Consequences of disobedience or breach of injunction:

(1) In the case of disobedience of any injunction granted or other order made under Rule 1 or Rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is



























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