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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
MANISH KUMAR
Ram Shanker Shukla – Appellant
Versus
Madhukar Shukla – Respondent
JUDGMENT :
MANISH KUMAR, J.
1. Heard.
2. Present contempt application has been preferred against alleged non-compliance of the judgment and order dated 02.09.2009 passed in Special Appeal No. 579 of 2009. The relevant paras of the said judgment and order are being reproduced hereinbelow:-
"We, therefore, set aside the order passed by the learned Single Judge and remit the matter to the learned Single Judge for being decided afresh, after afforing opportunity to the appellant, namely, opposite party no. 2 in the writ petition, in respect of the injunction being granted to the respondents.
So far the direction for deciding the recall application is concerned, we do not find any ground to interfere with the same, as both the parties agree that the application may be directed to be considered and disposed of expeditiously.
We expect that the application shall be decided within the time provided by the learned Single Judge.
At this juncture the counsel for the appellant says that the appellant does not intend to sell any property nor is going to sell the same."
3. Learned counsel for the applicant has submitted that despite the undertaking given by respondent no. 1 before the appellate court, h
Lawyers must adhere to client instructions and have specific authorization for concessions affecting client rights; failure to do so may not constitute contempt.
An attorney must act within the authority given by the client; otherwise, statements made without proper authorization do not bind the client.
Executing Sale Deeds in violation of a court undertaking constitutes contempt of court, as the statements made by advocates are binding unless proven otherwise.
(1) Breach of injunction – Any undertaking given to Court cannot be without requisite authority from client – Lawyer is to respect decision-making right of client.(2) Powers of contempt of Court have....
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
Wilfully disobeyed the order of injunction – In view of the provisions of Section 22 of the Act of 1971, the provisions of the Act of 1971 are in addition to and not in derogation of the provisions o....
Civil contempt occurs when a party knowingly contravenes court orders, resulting in the deprivation of rights for another party involved in litigation.
The main legal point established is that intentional defiance of court-ordered injunctions, fraudulent actions, and misleading statements constitute contempt of court.
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