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IRSHAD ALI
Prashant Chandra – Appellant
Versus
Harish Gidwani Deputy Commissioner Of Income Tax Range-2 – Respondent
JUDGMENT :
Irshad Ali, J.
1. Heard Ms. Radhika Singh, learned counsel for the applicant and Shri Neerav Chitravanshi, learned counsel for the opposite party assisted by Shri Kushagra Dikshit, learned Advocate at length.
2. Order dated 1.11.2023 vide which charges have been framed, notices gist of the matter. The said order is extracted hereinbelow:
2. The present contempt application under Section 12 of the Contempt of Courts Act, 1971 has been filed alleging willful and deliberate disobedience of judgment and order dated 31.03.2015 passed by a Division Bench of this Court in Writ Petition No.9525 (MB) of 2013 whereby the following direction was issued:
"A perusal of Annexure SA-3 annexed with the supplementary affidavit dated 31.3.2015 shows that in response to the notice dated 3.11.2014, the petitioner preferred written objection to the Assessing Officer bringing to his notice the pendency of the aforesaid writ petition and also apprising him that Sect
The court emphasized that willful disobedience of its orders undermines the rule of law, leading to contempt charges against the opposite party for failing to comply with jurisdictional directives.
Willful disobedience of a court order, even in the absence of mens rea, constitutes contempt under Section 12 of the Contempt of Courts Act, 1971.
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....
Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
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 jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
when the contemnor deliberately and willfully violated the order of the Court, he is liable for consequences under Section 12 of the Contempt of Courts Act, but the Court cannot be hyper sensitive in....
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