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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vivek Kumar Birla, Jitendra Kumar Sinha
Rakesh Kumar Sharma – Appellant
Versus
Ramjan Baksh, Consolidation Officer, Shikarpur – Respondent
| Table of Content |
|---|
| 1. delay application moot following appeal dismissal. (Para 1 , 2) |
| 2. contempt application dismissed for lack of evidence. (Para 3) |
| 3. reliance on precedent concerning appeal maintainability. (Para 5 , 6) |
| 4. clarification on appeal rights under section 19. (Para 7 , 8) |
| 5. appeal dismissed due to non-maintainability. (Para 9) |
JUDGMENT :
1. Heard Sri Gavendra Kumar Mishra, learned counsel for the appellants and perused the record.
2. Present appeal has been filed under Section 19 (1) of Contempt of Courts Act, 1971 challenging the order dated 3.3.2025 passed by the Contempt Court in Contempt Application (Civil) No. 901 of 2025 (Rakesh Kumar Sharma and others vs. Shri Ramjan Baksh), whereby the contempt application has been dismissed.
3. For the sake of clarity the impugned order dated 3.3.2025 is quoted as under:-
"The present contempt application has been filed pleading willful disobedience of the order dated 22.12.2010 passed by this Court in Writ-C No. 74537 of 2010.
The averments made in the affidavit filed in support of the contempt application do not indicate any willful disobedience of the order passed by this Court inasmuch as there is no delivery of possession during t
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....
An appeal under Section 19 of the Contempt of Courts Act is only maintainable when there is a definite finding against a contemnor or when the contemnor has been punished.
An appeal under Section 19 of the Act in a contempt of court case is only maintainable when the contemnor has been found guilty or punished under the act.
An appeal under Section 19(1) of the Contempt of Courts Act is not maintainable when the court has formed a prima facie opinion and proceeds to frame charges.
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 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....
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