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1 - 10 of 10 (0.23 seconds)Article 226 in Constitution of India [Constitution]
State Of J&K; vs Mohammad Yaqoob Baba And Others on 12 April, 2017
"4. Before the High Court, appellants urged that before any
contempt proceedings could be initiated, it was necessary and appropriate for
the Division Bench to examine the prayer for stay, or else, the appeal itself
might become infructuous. This did not commend itself to the High Court
which sought to proceed with the contempt first. We are afraid, the course
adopted by the High Court does not commend itself as proper. If, without
considering the prayer for stay, obedience to the Single Judge's order was
insisted upon at the pain of committal for contempt, the appellants may find, as
has now happened, the very purpose of appeal and the prayer for interlocutory
stay infructuous. It is true that a mere filing of an appeal and an application for
stay do not by themselves absolve the appellants from obeying the order under
appeal and that any compliance with the learned Single Judge's order would be
subject to the final result of the appeal, But then the changes brought about in
the interregnum in obedience of the order under appeal might themselves be a
cause and source of prejudice. Wherever the order whose disobedience is
complained about is appealed against and stay of its operation is pending before
the Court, it will be appropriate to take up for consideration the prayer for stay
either earlier or at least simultaneously with the complaint for contempt. To
keep the prayer for stay stand-by and to insist upon proceeding with the
complaint for contempt might in many conceivable cases, as here, cause serious
prejudice. This is the view taken in State of J & K v. Mohd. Yaqoob Khan.
Section 12 in The Contempt Of Courts Act, 1971 [Entire Act]
The Contempt Of Courts Act, 1971
Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
Mohammad Idris And Anr. vs Rustam Jehangir Babuji And Ors. on 22 August, 1984
In
the case of Md. Idris and Anr. Vs. Rustam Jehangir Bapuji and Ors, (1984) 4
SCC 216: Air 1984 SC 1826 , the Hon'ble Supreme Court while discussing the
powers of the High Court held that the Court must justify in giving appropriate
directions to close the breach of an undertaking, in addition to punish the party
for contempt of court. As we have already held that Smt. Kanika Nath
(Bhaumik), the respondent-contemnor is evading herself from performing her
part of undertaking, i.e. to transfer the properties which are in her name, in
favour of her two daughters named above by way of gift deed, in this
circumstance, we are constrained to direct the Registrar Judicial, High court of
Tripura to execute and register the gift deed in favour of her two daughters i.e.
the properties of Kanika Nath (Bhaumik) situated at Agartala in the name of
Smt. Saheli Bhaumik and her share over the flat situated in Prince Anwar Shah
Road in Kolkata in favour of Smt. Sreyashee Bhaumik. It is pertinent to mention
herein that the husband, Sri Timirendu Bhowmik has purchased the requisite
stamps for Agartala property for execution and registration of the gift deed in
favour of Smt. Saheli Bhaumik. Therefore, it is directed that the execution and
registration of the gift deed for the property situated at Agartala shall be
completed within a period of 7(seven) days from today.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Reliance Industries Limited vs Vijayan A (Authorised Representative ... on 7 November, 2022
21.1. Relevant portion of the Order as indicted herein of the
Hon'ble Supreme Court reported in 2022 LiveLaw (SC) 950 titled as Reliance
Industries Limited Vs. Vijayan A(Authorised Representative of Securitas and
Exchange Board of India):-
Asit Kumar Das vs J. Panda, The Chief Post Master General on 22 January, 2015
24. Referring to the above-mentioned order of the Hon'ble
Supreme Court in Asit Kumar Das (supra), learned counsel appearing for the
petitioner reiterated that mere approaching the Hon'ble Supreme Court does not
operate as an embargo on contempt proceedings unless the Hon'ble Supreme
Court takes cognizance and grants an interim stay of proceedings pending
before the High Court.
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