SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Online)(Ker) 44644

KERALA HIGH COURT
, CJ
Varghese M. P. and Others v. V. P. Devassia and Another


Advocates:
For the Appellants/Petitioners: Dr. K. P. Satheesan, Sri. N. Unnikrishnan, Mr. T. P. Sajan
For the Respondents: S. Subash Chand

1. Instant contempt cases are posted before us, based on the reference orders passed by learned Single Judges of this Court dated 09/01/2015 and 30/10/2019 respectively. In the reference order dated 09/01/2015 in Cont. Case (C) No. 1073 of 2014, it is stated thus:
“Issue for Reference:
Whether Jyothilal (supra) has laid down the correct law in concluding in paragraph 24 of the judgment while declaring: [H]igh Court Rules clearly indicate, after taking cognizance when notice is issued by the Division Bench, unless the respondent contemnor is exempted from personal appearance, he should necessarily appear before the Court. Till then there is no requirement for the appearance of the respondent contemnor especially for the limited purpose of making an enquiry whether a prima facie case is made out to refer the matter to a Division Bench or not.”
Accordingly, I direct the Registry to place the matter before my Lord the Hon'ble the Acting Chief Justice for consideration and appropriate action.”


2. Cont. Case (C) No. 1073 of 2014 is referred by a learned Single Judge, doubting the correctness of a decision of this Court in Jyothilal K. R. v. Mathai M. J. [2014 (1) KHC 153 : 2014 (1) KLT 147




































































































































































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top