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ARUN BHANSALI, JASPREET SINGH
Subhash Chandra – Appellant
Versus
Srikant Goswami – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. More often than not this Court is recurringly vexed with an issue of seminal importance relating to the maintainability of an intra-court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (hereinafter referred to the ‘Rules of the Court’) from orders emanating from contempt proceedings.
2. This intra-court appeal too, has been filed by the appellant, who was the petitioner before the Contempt Court, being aggrieved by the order dated 10.07.2023 passed in Contempt Application (civil) 2200 of 2016 (Subhash Chandra Vs. Shri Srikant Goswami MD. Uttar Pradesh Sahkari Gramin Vikas Ltd.) whereby the Contempt Court finally disposed of the contempt petition holding that there was substantial compliance of the judgment and order dated 10.08.2016 passed by the writ court and it also gave liberty to the contempt-petitioner that in case if he was aggrieved by the order of compliance dated 22.05.2024, he could approach the appropriate Forum.
3. Sri Gaurav Mehrotra, learned counsel for the respondents at the outset had raised a preliminary objection regarding maintainability of the instant intra-court appeal on the ground that in light of
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 ....
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....
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....
An appeal under Section 19(1) of the Contempt of Courts Act is not maintainable for interlocutory orders, but an intra-court appeal under Section 5(i) of the Kerala High Court Act may be allowed if a....
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.
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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