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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
Bedide Yadagiri – Appellant
Versus
Yela Balaraju – Respondent
ORDER :
G. RADHA RANI, J.
This Civil Revision Petition is filed by the petitioner - respondent -defendant aggrieved by the show cause notice dated 21.07.2022 in I.A.No.250 of 2018 in O.S.No.57 of 2017 issued by the learned Principal District Judge, Jangaon calling upon the petitioner to appear and participate in the preliminary enquiry on 04.08.2022 and thereafter to initiate action under Section 10 of the Contempt of Courts Act, 1971.
2. Heard Sri C.M.R.Velu, learned counsel for the petitioner and Sri J.Kanakaiah, learned Senior Counsel representing Sri Narendar Jelli, learned counsel for the respondents on record.
3. Learned counsel for the petitioner contended that the order dated 19.03.2019 in I.A.No.250 of 2018 in O.S.No.57 of 2017 was the subject matter of C.R.P.No.846 of 2022, which was pending adjudication. There could not be a contempt when the order under which the contempt was passed, had been challenged before this Court. The contempt arose for not producing the agreement of sale. After the registered sale deeds were executed, the order directing to produce the agreement of sale was not valid. The same was passed basing on a recorded audio conversation, which was not admiss
Contempt proceedings cannot proceed when underlying issues are pending appeal, and lawful compliance with court orders is vital for just outcomes.
The main legal point established in the judgment is that a subordinate court does not have the jurisdiction to issue a show-cause notice for Contempt of Court and that such actions must be in accorda....
The judgment emphasized the importance of wilful disobedience and sincere apologies in contempt cases, highlighting the need for genuine remorse and contrition.
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....
Contempt of Court jurisdiction should be exercised sparingly and with great caution, and the subordinate court can only make a reference to the High Court for initiating contempt proceedings.
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
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