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PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Raj Bali Singh – Appellant
Versus
Nitin Ramesh Gokaran – Respondent
JUDGMENT :
1. This Intra-Court Appeal under Chapter VIII Rule 5 of the Rules of the Court has been filed against the order dated 16.12.2020 passed by the learned Single Judge in Contempt Application (Civil) No. 2027 of 2020 (Raj Bali Singh Versus Shri Nitin Ramesh Gokarn, Additional Chief Secretary / Principal Secretary and Shri Devendra Nigam, Executive Engineer) as also the order dated 10.3.2022 passed in CAPL (Civil) No. 6315 of 2021 (Raj Bali Singh Versus Shri Nitin Ramesh Gokaran and another). By the order dated 16.12.2020, the learned Single Judge has ordered the Contempt Application to be consigned to record being of the view that there is no good ground to proceed further with the contempt application. By the order dated 10.3.2022, the second contempt application being CAPL (Civil) No. 6315 of 2021 has been dismissed as not maintainable and consigned to record.
2. The facts shorn of unnecessary details giving rise to the present proceedings are that the appellant / writ petitioner approached the writ Court inter-alia claiming the following reliefs:
The main legal point established in the judgment is the clarification of the maintainability of an appeal under Chapter VIII Rule 5 of the Rules of the Court in contempt proceedings, emphasizing the ....
The main legal point established in the judgment is the limitation on the appealability of a contempt Judge's order under Section 19 of the Contempt of Courts Act and Chapter VIII Rule 5 of the Rules....
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....
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 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 ....
An appeal under Section 19(1) of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt, not against orders related to the merits of the dispute.
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....
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.
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