specific provision in the Companies Act to punish for willful disobedience of the orders of the Bench, the Company Law Board observed that ... that the Bench could not be a silent spectator to the willful disobedience of any of its directions, that an order of a Judicial
satisfied about the disobedience of any judgment, decree, direction or writ but should also be satisfied that such disobedience was willful and intentional. The civil ... clear case of willful disobedience of the court's order has been made out. And, whether disobedience is willful in a particular case depends
must not only be satisfied about the
disobedience, but should also be satisfied that such disobedience was
willful and intentional. If from the circumstances ... contempt that the alleged
contemner was guilty of a willful breach or a willful disobedience of
an order or a direction, decree
accused has continued with the construction. Hence, the
accused has committed willful disobedience of the order of
this Court.
10. In support of her arguments ... contended that in order to invoke contempt jurisdiction,
that too for willful disobedience, satisfaction of the Court is
very much necessary. Relying on this judgment
satisfaction of the court that the disobedience was not mere 'disobedience' but a 'willful disobedience'. The observations made in this regard ... order dated 23.2.2004 but for constituting willful disobedience of the injunction order the disobedience must be willful and both should be proved by cogent evidence
Contempt
of Courts Act, for willful breach of Undertaking, willful disobedience
of Order and/or willful circumvention of the Undertaking/Order of
Principal Special Court ... sparingly and cautiously, only in cases involving
clear, unambiguous orders and willful disobedience. In support, she
relies upon the judgments of the Supreme Court
ACCUSED/RESPONDENT AND
PUNISH THE ACCUSED FOR DELIBERATE AND WILLFUL
DISOBEDIENCE OF THE ORDER 20.04.2018 AND 31.08.2018
MADE IN W.P.NO.261/2018 ... Contempt Courts Act to
punish the accused for the deliberate and willful
disobedience of the order dated 20/04/2018 and
31/08/2018
found to be guilty of having committed civil
contempt due to willful disobedience of the orders of this Court
and have been directed ... held guilty of
having committed civil contempt by willful
disobedience of orders of this Court.
(b) Alleged contemnor Nos. 6 and 7 are discharged
ready and willing to
tender unconditional apology, if the Court comes to the
conclusion that they have committed willful disobedience of
the order ... only be satisfied
about the disobedience of any order, but should be satisfied
that such disobedience was willful and intentional.
55. In Pallav Sheth (supra
that he will have to atone for his conduct and that he is
willing to surrender before this Court and is willing to be subjected ... punish the Defendant will cease once
there is obedience of the injunction order. Such submission will imply
that prior willful disobedience will go unpunished. This
