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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Ambrish Dwivedi – Appellant
Versus
Anand Kumar Singh – Respondent
ORDER :
Shree Prakash Singh, J.
Order on C.M. Application No. 04 of 2024-Recall
1. Heard Sri Pradeek Kumar Tripathi, counsel for the applicants and Sri Lalit Shukla, counsel for the opposite party.
2. The present application for recall of the order dated 20.2.2024 passed by this Court in Contempt Application (Civil) No. 3413 of 2023 has been moved and the order dated20.2.2024 is quoted hereinunder:-
"Case called out.
None present for the petitioners.
Sri Lalit Shukla, learned counsel for opposite party submits that the order passed by the writ court has been complied with. He further submits that the petitioners have certain objections with respect to calculation of amount on interest part.
Since the calculation with respect to gratuity is the disputed question of fact and that can be raised before the appropriate forum, at appropriate stage.
In view of the aforesaid, no contempt is made out at this stage.
The contempt petition is dismissed.
Notices are discharged.
Consigned to record."
3. Learned counsel appearing for the applicants submits that the Writ (A) No. 6142 of 2022 ( Ambrish Dwivedi And Others Vs. State of U.P. and Ors. ) was filed with a prayer of payment of interest on delayed paym
Misrepresentation in court proceedings constitutes fraud, allowing the recall of a contempt order if established.
High Court being a Court of record has jurisdiction to recall its own order and that while exercising the power under Article 226 of the Constitution of India nothing precludes the High Court from ex....
Point of Law : Contempt Judge did not have the power to revive its own order.
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....
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