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1 - 4 of 4 (0.36 seconds)State Of Orissa & Ors vs Md. Illiyas on 22 November, 2005
4. It is well settled that a person can be punished under Contempt of
Courts Act only if he or she wilfully disobeys any judgment, decree,
direction, order or writ or wilfully breaches an undertaking given to a
Court. Thus, to punish an individual under Contempt of Courts Act not
only there has to be a disobedience of judgment/order or breach of an
undertaking but the same has also to be wilful. The expression „wilful‟
has been defined in Black‟s Law Dictionary Sixth Edition as, "proceeding
from a conscious motion of the will; voluntary; knowingly; deliberate.
Intending the result which actually comes to pass; designed; intentional;
purposeful; not accidental or involuntary." Import of the word „wilful‟
was considered by Supreme Court in the case of State of Orissa & Ors.
v. Md. Illiyas reported in (2006) 1 Supreme Court Cases 275
wherein it was held, "An act is said to be "wilful" if it is intentional,
Cont. Cas.(C) 378/2008 Page 3 of 4
conscious and deliberate."
Section 11 in The Contempt Of Courts Act, 1971 [Entire Act]
Section 12 in The Contempt Of Courts Act, 1971 [Entire Act]
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