Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case
3 years, 1 month 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 on mere "disobedience".According to the Court,. 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 on mere "disobedience". In a major relief to the Future Group, the Supreme Court has set aside the orders dated 02.02.2021 and 18.03.2021 passed by a single judge of the Delhi High Court ordering coercive steps against Future group and the order dated 29.10.2021 which refused to stay the Singapore Arbitration Tribunal's refusal to vacate the Emergency Award which restrained Future's deal with Reliance. A Bench comprising Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli delivered its judgement in the following two pleas: • Special Leave Petitions of Future Coupons Private Ltd and Future Retail Ltd against Delhi High Court's Single Bench March 2021 order directing attachment of assets of Future group companies and its promoters for breach of Emergency Award.

Justice Delhi Future Court Natural Justice Order High Supreme Cpc Bench Rule Single Reliance Sat Observed Frl Future Retail Wilful Wilful Disobedience Its Promoters Coercive Steps Disobedience Future Group Future Coupons Order Xxxix Rule  high  supreme  rule  court  justice  xxxix  future  contempt  cpc  disobedience  wilful  order  bench  futureamazon  observed  delhi

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
4 days, 20 hours 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 …

Supreme Court Issues Contempt Notice To Delhi Home Secretary Over False Statement On Placing SRB Recommendations Before LG
1 week, 4 days ago

Supreme Court Issues Contempt Notice To Delhi Home Secretary Over False Statement On Placing SRB Recommendations Before LG

Live Law  

The Supreme Court recently summoned the Home Department Secretary of the Delhi Government seeking an explanation and calling upon him to show cause why contempt action should not be initiated for the State Government's “completely false” claim that the recommendations of the Sentence Review Board in a remission matter were placed before the Lieutenant Governor. On 7th February, 2025, the …

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, 1 week 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, 2 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 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, 2 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 …

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court
10 months, 3 weeks ago

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court

Live Law  

The High Court of Calcutta has held that the Court under Section 9 of the A&C Act can punish for the disobedience of its order. Thereafter, the petitioner approached the Commercial Court under Section 9 of the A&C Act seeking refund of the encashed amount and also restraining the respondent from acting on notice of invocation in respect of the …

Supreme Court Asks Lawyer Imprisoned For Contempt Of Court To Tender Apology Before Judges
1 year, 2 months ago

Supreme Court Asks Lawyer Imprisoned For Contempt Of Court To Tender Apology Before Judges

Live Law  

The Supreme Court on Friday asked a lawyer, who was sentenced to six months imprisonment by the Delhi High Court for contempt of court, to tender an unconditional apology before the judges against whom he made objectionable remarks. She pointed out that even in cases where more grave allegations have been made, the Supreme Court has let off contemnors with …

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 …

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 …

'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 …

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge
1 year, 6 months ago

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge

Live Law  

The Delhi High Court on Monday refused to pass a gag order in the criminal contempt proceedings initiated by it against a litigant who demanded that death penalty be imposed on a sitting judge who dismissed his pleas.As the counsel representing the State requested that the hearings in the matter be held in-camera and orders be not made public, Justice …

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide
2 years, 2 months ago

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide

Live Law  

The Delhi High Court has referred the issue relating to the interpretation of Order XXV Rule 1 of the Code of Civil Procedure to a larger bench. Observing that appears to be a "clear inconsistency" in the views expressed by different coordinate benches of the high court on whether the proviso to Order XXV Rule 1 of CPC is mandatory …

[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, …

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, 10 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 …

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
2 years, 11 months ago

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

Live Law  

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …

Subordinate Court Cannot Initiate Contempt Proceedings Itself, Can Only Make Reference To High Court: Delhi High Court Reiterates
2 years, 11 months 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 …

Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment
3 years, 7 months ago

Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment

Live Law  

The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience.A bench comprising Justices RF Nariman and BR Gavai made this observation in the Amazon-Future Retail case.Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 …

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 …

Only Wilful And Deliberate Disobedience To Court's Order Amounts To Contempt: Supreme Court
4 years, 2 months ago

Only Wilful And Deliberate Disobedience To Court's Order Amounts To Contempt: Supreme Court

Live Law  

The Supreme Court has observed that before before punishing a person for non-compliance of the decision of the Court, the Court must not only be satisfied about the disobedience of any judgment, decree, direction, writ or other process but should also be satisfied that such disobedience was wilful and intentional.The bench comprising Justices AM Khanwilkar and BR Gavai observed thus …

A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]
5 years, 7 months ago

A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a person can be held guilty of willful disobedience of the Order XXXIX Rule 2A of the Code of Civil Procedure, not for mere "disobedience" but only for "willful disobedience. "In this case, the Trial Court passed an order of injunction and restrained Surendranath from passing off the goods by using trade mark "Mambally's …

Contempt Jurisdiction Can't Be Invoked On The Basis Of Impressions Drawn By Litigants About Court Order: SC [Read Judgment]
6 years, 2 months ago

Contempt Jurisdiction Can't Be Invoked On The Basis Of Impressions Drawn By Litigants About Court Order: SC [Read Judgment]

Live Law  

The Supreme Court, while dismissing a contempt petition, observed that contempt jurisdiction cannot be invoked on the basis of impressions about a court order drawn by the litigants, but only when there is willful disobedience to the court orders.In Badri Vishal Pandey vs. Rajesh Mittal, some former employees of U.P. The Supreme Court, while dismissing a contempt petition, observed that …

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, …

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, …

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 …

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 …

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 …

Supreme Court issues contempt of court notice to the Commissioner of Delhi Police
9 years, 6 months ago

Supreme Court issues contempt of court notice to the Commissioner of Delhi Police

Live Law  

The failure of Delhi Police in executing a non-bailable arrest warrant against an ex-director of a liquidated UB Group company, forced the Supreme Court to issue a contempt of court notice to the Commissioner of Delhi Police on Friday.A Bench of Justices J Chelameswar and A M Sapre was shocked and disappointed by the 'lecture' given in the report filed …

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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