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ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
International Service Fellowship Usa – Appellant
Versus
Harendra Kumar Masih – Respondent
JUDGMENT :
1. Heard.
2. Delay in filing the present appeal is explained to the satisfaction of the Court. Delay is, accordingly, condoned. Office is directed to allot a regular number to the present appeal.
3. Application stands allowed.
Ref: Appeal
4. This contempt appeal arises out of an order passed by the learned Single Judge dated 26.4.2023, while issuing notices in the contempt petition. Learned Single Judge in addition to the issuance of notice has also clarified that the district administration shall not stop construction of those persons, who are not the party in the First Appeal From Order No.334 of 2022. It is this part of the order with which the appellant is aggrieved.
5. Learned counsel for the appellant submits that the vendees to the defendant are equally bound by the orders passed by this Court in First Appeal From Order and that various undertakings have also been given by the parties not to raise constructions.
6. A preliminary objection, however, is taken to the maintainability of the contempt appeal on the ground that against issuance of notice in contempt no appeal would be maintainable. It is also submitted that in the event appellant is aggrieved by the directions
An appeal under Section 19 is maintainable only against an order imposing punishment for contempt, and not against orders declining to initiate proceedings for contempt or issuing notices in the matt....
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.
Contempt jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
An appeal under Section 19 of the Contempt of Courts Act, 1971 is maintainable only against an order imposing punishment for contempt, and an independent adjudication on the merits of the dispute bet....
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....
The appeal process under Section 19(1) of the Contempt of Courts Act requires a connection with an order punishing for contempt; proceedings not fulfilling this criterion are non-appealable.
An appeal under Section 19(1) of the Contempt of Courts Act only lies from an order of the High Court exercising its jurisdiction to punish for contempt; dismissal of a contempt application is not su....
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