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ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Satyendra Kumar Singh – Appellant
Versus
Diviniti Homes (P) Ltd. – Respondent
JUDGMENT :
Heard Sri Anoop Trivedi, learned Senior counsel for the appellant assisted by Sri Abhinava Krishna Srivastava and Sri K.R. Singh alongwith Sri Rahul Chaudhary, for the contempt applicant.
2. This contempt appeal is directed against an order passed by the learned Contempt Court dated 14.3.2024, holding the appellant guilty of contempt of an order passed by this Court on 12.12.2017 in Writ-B No. 59193 of 2017. The order passed by the contemnor dated 18.7.2022 is held to be in deliberate disobedience of the Writ Court's order. The matter has been directed to be listed on 23.4.2024 for framing of charge against the appellant.
3. An objection is taken, at the outset, to the maintainability of this appeal by Shri K.R. Singh, appearing for the applicant/respondent, who submits that the appeal under Section 19 of the Act of 1971 would be maintainable only against an order of punishment and not otherwise. He submits that the Contempt Court has only passed an order for framing of charge against which the appeal would not lie.
4. In order to deal with the issue of maintainability of appeal, it would be necessary to refer to some of the basic facts. It transpires that one Arjun Dev Keha
An appeal under Section 19 of the Contempt of Courts Act, 1971, is maintainable against any order in contempt proceedings, not just punitive orders.
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 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....
Contempt jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
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....
Contempt proceedings cannot substitute for enforcement of binding court decisions; non-compliance must involve clear disregard of valid orders. The exercise of contempt jurisdiction is limited to ens....
Contempt of court - LPA against the orders passed in contempt petition is not maintainable as said orders are interlocutory in nature.
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....
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