Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court
1 year, 10 months ago

Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court

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The Delhi High Court has observed that mere averment or a bald allegation is not sufficient to initiate contempt proceedings or issuance of show cause notice against a person. Justice Chandra Dhari Singh said that the disobedience must be “wilful and beyond a casual or accidental genuine inability” to comply with the terms of the judicial order. The court made the observations while dismissing an application filed by defendants in a civil suit arising out of a property dispute seeking contempt action against plaintiff’s power of attorney holder for disobeying court’s order passed on October 04, 2013. “In light of the facts, circumstances, submissions made on behalf of the parties, the contents of the Report of the Local Commissioner, the averments made in the application and arguments in the reply as well as the precedents on what constitutes "wilful disobedience" of an order by the Hon'ble Supreme Court, this Court does not find any cogent reasons to allow the instant application as the applicants have failed to substantiate and establish their averments.

History of this topic

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