Judicial System Can't Function If Parties Are Allowed To Resile From Their Undertaking Without Any Reasons: Delhi High Court
1 year, 3 months ago

Judicial System Can't Function If Parties Are Allowed To Resile From Their Undertaking Without Any Reasons: Delhi High Court

Live Law  

The Delhi High Court has observed that the judicial system cannot function if the parties are permitted to resile from the undertaking given by them without any reasons. Justice Jasmeet Singh said that there is solemnity and seriousness attached to court proceedings and parties cannot give undertakings without intending to honour them, or at least, they must make sincere and conscious efforts. Justice Jasmeet Singh said that there is solemnity and seriousness attached to court proceedings and parties cannot give undertakings without intending to honour them, or at least, they must make sincere and conscious efforts to comply with the same. Justice Singh made the observations while dealing with a plea moved by an entity, State Trading Corporation of India Limited, seeking initiation of contempt proceedings against officials of an entity, Akshata Mercantile Pvt.

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History of this topic

“Unless There Is A Threat Of Contempt, You Never Decide Remission Case”: Supreme Court Issues Contempt Notice To Delhi Home Secretary
2 weeks, 1 day ago

“Unless There Is A Threat Of Contempt, You Never Decide Remission Case”: Supreme Court Issues Contempt Notice To Delhi Home Secretary

Live Law  

The Supreme Court has issued a contempt notice to the Principal Secretary of the Home Department, Delhi Government, for failing to take a decision on granting remission to Sukhdev Singh, a convict in the Nitish Katara murder case, despite giving an undertaking to the court. On March 3, 2025, the Supreme Court had recorded the assurance of the Additional Solicitor …

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment
2 months, 1 week ago

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment

Live Law  

The Delhi High Court has dismissed the appeal preferred by a Director of Income Tax under Section 19 of the Contempt of Courts Act, 1971. A division bench of Justices Chandra Dhari Singh and Manoj Jain observed that in the absence of the contempt court recording a finding of guilt or imposing a punishment, the appeal preferred under Section 19 …

Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court
Trending News
3 months, 2 weeks ago

Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court

Live Law  

In a significant judgment, the Supreme Court observed that contempt jurisdiction is not confined only to violation of express judicial directions but also extends to acts which are intended to frustrate court proceedings or bypass the eventual judgment. Even in the absence of such specific mandates, the deliberate conduct of parties aimed at frustrating court proceedings or circumventing its eventual …

Ambiguity In Court's Order Absolute Defence To Contempt Action: Delhi High Court
3 months, 4 weeks ago

Ambiguity In Court's Order Absolute Defence To Contempt Action: Delhi High Court

Live Law  

The Delhi High Court has observed that in cases of contempt of court, if the court's order or directions are unclear, this can serve as an absolute defence against a contempt action. It stated that the court's directives in relation to which breach or disobedience is alleged should be “clear and unequivocal.” The Court also observed that if there is …

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court
4 months, 2 weeks ago

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
4 months, 3 weeks ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
4 months, 3 weeks ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
7 months, 3 weeks ago

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court

Live Law  

On December 24, 2019, the division bench of the high court stated that the respondent must be reinstated in service with all consequential benefits. However, the division bench rejected the Letters Patent Appeal as not being maintainable stating that the appeal would not be maintainable since no punishment was imposed by the single judge and the observations made by the …

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application
1 year ago

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

Live Law  

The Delhi High Court bench comprising Justice Manoj Kumar Ohri held that the Section 9 application under Arbitration and Conciliation Act, 1996 cannot act as res judicata for Section 17 application when the withdrawal of Section 9 application is conditional between the parties. Feeling aggrieved, DTC approached the Delhi High Court and filed Section 37 application challenging this order, asserting …

'Need to maintain Dignity & Reputation Of Judicial Officers': Supreme Court Upholds Conviction Of Advocate In Contempt Case
1 year, 2 months ago

'Need to maintain Dignity & Reputation Of Judicial Officers': Supreme Court Upholds Conviction Of Advocate In Contempt Case

Live Law  

The Supreme Court, while convicting an advocate in a seventeen-year-old criminal contempt case, reiterated that an apology must be evidence of remorse for the contemptuous acts. The Division Bench of Justices Vikram Nath and PS Narasimha was hearing an appeal of one Gulshan Bajwa, a lawyer, who was convicted by the Delhi High Court of criminal contempt. Besides, the High …

Contempt | Delhi High Court Sentences Lawyer To 6 Months In Jail For Making 'Scandalous Imputations' Against Judges In Pleading
1 year, 2 months ago

Contempt | Delhi High Court Sentences Lawyer To 6 Months In Jail For Making 'Scandalous Imputations' Against Judges In Pleading

Live Law  

The Delhi High Court yesterday sentenced a lawyer to six months in jail after finding him guilty of contempt of court for making “contumacious allegations” and “scandalous imputations” against judges of the High Court as well as District Courts in a criminal appeal filed by him on behalf of a rape survivor. A division bench of Justice Suresh Kumar Kait …

'Wilful' Disobedience For Contempt Excludes Casual, Bona Fide Acts, Does Not Encompass Negligent Actions: Delhi High Court
1 year, 3 months ago

'Wilful' Disobedience For Contempt Excludes Casual, Bona Fide Acts, Does Not Encompass Negligent Actions: Delhi High Court

Live Law  

The Delhi High Court has observed that “wilful” disobedience of a judicial order by a contemnor excludes casual, accidental, bona fide or unintentional acts or genuine inability. “Committal or sequestration will not be ordered unless contempt involves a degree of default or misconduct,” the court said. The petitioner entity moved a contempt plea against the Managing Director of SVOGL Oil …

Delhi High Court Sentences Man To Six Months In Jail For Failing To Pay Dues To Deceased Driver’s Wife, Repeatedly Flouting Undertakings
1 year, 6 months ago

Delhi High Court Sentences Man To Six Months In Jail For Failing To Pay Dues To Deceased Driver’s Wife, Repeatedly Flouting Undertakings

Live Law  

The Delhi High Court has sentenced a man to six months of simple imprisonment for failing to pay dues to the wife of his deceased driver and repeatedly flouting undertakings given to that effect to the court. Justice Purushaindra Kumar Kaurav found the man guilty of committing contempt of court for wilfully disobeying his undertakings of making payment to the …

Delhi High Court Sentences Lawyer To 6 Months Jail For Contempt Of Court, Seeks Action Taken Report From Bar Council
2 years ago

Delhi High Court Sentences Lawyer To 6 Months Jail For Contempt Of Court, Seeks Action Taken Report From Bar Council

Live Law  

The Delhi High Court on Thursday sentenced a lawyer to six months of simple imprisonment after finding him guilty of contempt of court for not complying with the judicial orders directing him to pay the use and occupation charges to the landlord in respect of a property situated in Kingsway Camp area.Observing that it is a fit case where any …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 8 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

[Contempt] Democratic Fabric Of Society Will Suffer If Respect For Judiciary Is Undermined: Delhi High Court
2 years, 10 months ago

[Contempt] Democratic Fabric Of Society Will Suffer If Respect For Judiciary Is Undermined: Delhi High Court

Live Law  

Observing that the purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law, the Delhi High Court has said that the democratic fabric of society will suffer if respect for the judiciary is undermined.Justice Subramonium Prasad observed thus:"The purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law, …

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court
2 years, 11 months ago

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that a Court exercising contempt jurisdiction cannot test correctness or otherwise of the order or give additional direction or delete any direction. " Brief facts of the case The Contempt Case was filed under Sections 10 to 12 of the Contempt of Courts Act, 1971 by petitioners for wrongful disobedience of the order …

Absence Of Rule Of Law Propels A Country Towards Inevitable Ruin, Duty Of Court To Take Strict View Of Non-Compliance Of Judicial Orders: Delhi HC
2 years, 11 months ago

Absence Of Rule Of Law Propels A Country Towards Inevitable Ruin, Duty Of Court To Take Strict View Of Non-Compliance Of Judicial Orders: Delhi HC

Live Law  

Observing that the absence of rule of law or the presence of utter disregard for the rule of law propels a country towards inevitable ruin, the Delhi High Court has said that it is the duty of the Court to take a strict view when there is non-compliance of judicial orders.Justice Subramonium Prasad added that the Courts should not hesitate …

Subordinate Court Can't Assume Jurisdiction Under Contempt Of Courts Act: Delhi HC Sets Aside Trial Court Order Issuing Show Cause To CBI Director
2 years, 11 months ago

Subordinate Court Can't Assume Jurisdiction Under Contempt Of Courts Act: Delhi HC Sets Aside Trial Court Order Issuing Show Cause To CBI Director

Live Law  

The Delhi High Court on Tuesday set aside a Trial Court order issuing show cause notice to the Director of Central Bureau of Investigation to explain why not a reference of Contempt of Court be made by him against the respective officers of the agency for the purported non-compliance of judicial orders. "A subordinate court on its own cannot assume …

Third Party Not Absolved From Contempt If They Are Informed That Their Conduct Amounts To Violation Of Court Order: Delhi High Court
2 years, 11 months ago

Third Party Not Absolved From Contempt If They Are Informed That Their Conduct Amounts To Violation Of Court Order: Delhi High Court

Live Law  

The Delhi High Court on Tuesday observed that disobedience of an order of the Court, if permitted, will result in striking at the root of the rule of law on which our system of governance is based. The Bench was dealing with a contempt petition filed for wilful disobedience of the Order dated 14.03.2012, passed by the High Court in …

Subordinate Court Cannot Initiate Contempt Proceedings Itself, Can Only Make Reference To High Court: Delhi High Court Reiterates
3 years ago

Subordinate Court Cannot Initiate Contempt Proceedings Itself, Can Only Make Reference To High Court: Delhi High Court Reiterates

Live Law  

The Delhi High Court has reiterated that the subordinate court can only make a reference to the High Court and that it cannot initiate contempt proceedings by itself. Justice Anu Malhotra placed reliance on the judgments delivered by the Delhi High Court in Nusrat Ali v. State & Anr., Rajeev Mittal v. Sanjay Goel and Neville A Mehta v. Sanjay …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case
3 years, 2 months ago

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

Live Law  

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not …

Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court
3 years, 2 months ago

Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court

Live Law  

The Delhi High Court has observed that the power to issue notices for contempt of subordinate courts rests solely with the High Court exercising jurisdiction over it.Justice Amit Bansal observed,"Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings be not initiated. The Delhi High Court has observed that the power to issue notices for …

No law can take away court’s power to punish for contempt: Supreme Court
3 years, 6 months ago

No law can take away court’s power to punish for contempt: Supreme Court

Hindustan Times  

Even Parliament can’t take away the power of the Supreme Court to punish for contempt, the top court ruled on Wednesday, stressing that the authority is bestowed by the Constitution itself, and therefore no law can be enacted to mitigate or nullify it. The Supreme Court said the authority is bestowed by the Constitution itself, and therefore even parliament cannot …

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court
4 years, 1 month ago

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court

Live Law  

The Kerala High Court has held that a Single Judge Bench can take cognizance and decide civil contempt petition.The Division Bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly struck down Rule 6 of the Contempt of Courts Rules as ultra vires to the Constitution of India and Section 19 of the Contempt of Courts Act. The …

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court
4 years, 2 months ago

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court on Wednesday observed that an implementing party could not be made liable for proceedings under the Contempt of Court Act, for non-compliance of a judicial order, if such an order cannot be complied with, practically. The Bench of Justice Augustine George Masih observed, " there is an automatic provision of the erasing of the …

To Constitute Civil Contempt, It Must Be Established That Disobedience Is Wilful, Deliberate And With Full Knowledge Of Consequences : SC [Read Judgment]
4 years, 10 months ago

To Constitute Civil Contempt, It Must Be Established That Disobedience Is Wilful, Deliberate And With Full Knowledge Of Consequences : SC [Read Judgment]

Live Law  

The Supreme Court has declined to initiate civil contempt proceedings against the Food Corporation of India, observing that the alleged disobedience was neither wilful nor deliberate.The contempt petitions were filed by several groups of workmen who sought regularization and departmentalization in the FCI. The Supreme Court has declined to initiate civil contempt proceedings against the Food Corporation of India, observing …

Court Can Intervene If Competent Authority Takes Unreasoned and Arbitrary Decisions On Recruitment: Delhi HC [Read Judgment]
5 years, 8 months ago

Court Can Intervene If Competent Authority Takes Unreasoned and Arbitrary Decisions On Recruitment: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the court can intervene when the competent authority takes its decision unreasonably, arbitrarily and without paying attention to all the reasonable factors. After the original application was dismissed by the Tribunal, the petitioner had approached the High Court which after considering the fact that the appointments to the post of SET had been initiated …

Contempt Action Without Framing Of Charges Not Sustainable : SC [Read Judgment]
6 years, 6 months ago

Contempt Action Without Framing Of Charges Not Sustainable : SC [Read Judgment]

Live Law  

"The appellant ought to succeed on the singular ground that the High Court unjustly proceeded against him without framing formal charges or furnishing such charges to him", held the SC.The Supreme Court has set aside the conviction and sentence imposed by the Delhi High Court under the Contempts of Court Act 1971, holding, inter-alia, that formal charges were not framed …

Contempt Notice Not To Be Issued In Routine Manner: Delhi HC [Read Judgment]
7 years, 8 months ago

Contempt Notice Not To Be Issued In Routine Manner: Delhi HC [Read Judgment]

Live Law  

Contempt proceedings cannot be likened to proceedings inviting interrogatories, the court observed.The Delhi High Court has observed that notice on contempt petitions is not to be issued in a routine manner and would be justified only if the court prima facie feels that possible contempt might have been committed.Justice C Hari Shankar was considering an application seeking initiation of. The …

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]
7 years, 9 months ago

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]

Live Law  

‘A high court cannot initiate contempt proceedings or punish for contempt of the Supreme Court’.The Punjab and Haryana High Court has recently refused to entertain a contempt petition alleging violation of Supreme Court directives in Arnesh Kumar vs State of Bihar.Justice Rajan Gupta said such a contempt petition alleging violation of Supreme Court directives will not be maintainable. The Punjab …

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]
7 years, 9 months ago

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]

Live Law  

‘A high court cannot initiate contempt proceedings or punish for contempt of the Supreme Court’.The Punjab and Haryana High Court has recently refused to entertain a contempt petition alleging violation of Supreme Court directives in Arnesh Kumar vs State of Bihar.Justice Rajan Gupta said such a contempt petition alleging violation of Supreme Court directives will not be maintainable. The Punjab …

Hypersensitivity Of Courts Ought Not Lead To Initiation Of Contempt: Delhi HC [Read Judgment]
8 years ago

Hypersensitivity Of Courts Ought Not Lead To Initiation Of Contempt: Delhi HC [Read Judgment]

Live Law  

The high court highlighted the strong need to educate the judicial officers on the procedural aspects as well as nuances of the Contempt of Courts Act, 1971. In a significant judgment, the Delhi High Court on Thursday held that contempt jurisdiction has to be carefully invoked upon a deep consideration of inter alia the impact of the act complained of …

Refusal To Answer Court Queries Isn’t Criminal Contempt: SC [Read Judgment]
8 years, 4 months ago

Refusal To Answer Court Queries Isn’t Criminal Contempt: SC [Read Judgment]

Live Law  

The Supreme Court in Kuldeep Kapoor & Ors vs. Court on its Motion, has observed that a litigant refusing to answer a question put to him by the Court does not constitute criminal contempt of Court.A three-judge bench comprising Justice Anil R Dave, Justice Rohinton Fali Nariman and Justice AM Khanwilkar opined so while setting aside a Delhi High Court …

SC contempt notice to Delhi bar bodies on recent prolonged strikes; court to decide if advocates can boycott courts
9 years, 6 months ago

SC contempt notice to Delhi bar bodies on recent prolonged strikes; court to decide if advocates can boycott courts

Live Law  

The Supreme Court today issued notice to Delhi Bar Association, Delhi High Court Bar Association and Bar Council of India asking why action for contempt of court cannot be taken against lawyers bodies for willful violation of the constitution bench judgment of Supreme Court prohibiting strike by lawyers.The notice came on a petition filed by NGO Common Cause whose lawyer …

SC contempt notice to Delhi bar bodies on recent prolonged strikes; court to decide if advocates can boycott courts
9 years, 6 months ago

SC contempt notice to Delhi bar bodies on recent prolonged strikes; court to decide if advocates can boycott courts

Live Law  

The Supreme Court today issued notice to Delhi Bar Association, Delhi High Court Bar Association and Bar Council of India asking why action for contempt of court cannot be taken against lawyers bodies for willful violation of the constitution bench judgment of Supreme Court prohibiting strike by lawyers.The notice came on a petition filed by NGO Common Cause whose lawyer …

Setting a tone against harassment of women, SC refuses to entertain the appeal of a Lawyer who was awarded one week jail for misdemeanour against a woman
10 years, 3 months ago

Setting a tone against harassment of women, SC refuses to entertain the appeal of a Lawyer who was awarded one week jail for misdemeanour against a woman

Live Law  

Advocate Amit ChanchalJha, accused of physically abusing a female Advocate and also behaving indecently before the Registrar of the Delhi High Court on January 13, 2012 had approached the Supreme Court against the Delhi High Court order.After the incident, the Delhi High Court had initiated suo-motu contempt action and had ordered that he cannot practice in any court in Delhi …

Question of contempt
17 years, 5 months ago

Question of contempt

The Hindu  

THE Contempt of Courts Act, 1971, defines civil contempt as wilful disobedience of any judgment, decree, direction, order or other process of a court or wilful breach of an undertaking given to a court. The Supreme Court on September 30 and on October 1 found force in the argument advanced by the All India Anna Dravida Munnetra Kazhagam that the …

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