SC Orders Are To Be Given Effect In Letter & Spirit ; Cannot Be Treated As Paper Orders: Supreme Court
Live LawThe Supreme Court observed that its orders has to be given effect in letter and spirit and cannot be permitted to be treated as a paper order.In this case, the Supreme Court, in an order passed in 2016, directed that, in the event the defendant fails to pay the arrears, the evidence filed in the case shall be struck off and the Court shall proceed in the matter and decide the case. The Supreme Court observed that its orders has to be given effect in letter and spirit and cannot be permitted to be treated as a paper order. In this case, the Supreme Court, in an order passed in 2016, directed that, in the event the defendant fails to pay the arrears, the evidence filed in the case shall be struck off and the Court shall proceed in the matter and decide the case. In a contempt petition filed by the plaintiff, the bench comprising Justices BR Gavai and PS Narasimha observed that trial Judge has permitted indirectly to do what has been prohibited directly by the Supreme Court.
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