Single Judge dismissed contempt petition as infructuous. Single Judge held Section 19 appeal not maintainable as no punishment was ordered. Coronation Court dismissed appeal as not maintainable.
Contempt appeal dismissed as not maintainable.
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Court No. - 29
Case :- CONTEMPT APPEAL DEFECTIVE No. - 3 of 2019
Appellant :- Rajkishor Pandey Respondent :- Vijay Shanker Mishra And 2 Ors. Counsel for Appellant :- Purushottam Upadhyay
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Purushottam Upadhyay, learned counsel for appellant.
This contempt appeal has been preferred under Section 19 of the Contempt of Courts Act against the order of learned Single Judge dated 30.07.2019 whereby the contempt petitioner of the appellant has been dismissed as infructuous, in view of the affidavit filed on 13.02.2014 stating that the order of the writ court had been complied with.
Since the aforesaid order is not an order of punishment, the appeal is not maintainable under Section 19 of the Act.
It is pertinent to mention here that appeal under Section 19 lies only against the order to punish for contempt.
In view of the above, the appeal is dismissed as not maintainable.
Order Date :- 27.1.2020 Ujjawal
1 issue framed by the court
Whether an appeal lies against an order dismissing a contempt petition as infructuous as it is not an order of punishment under Section 19 of the Contempt of Courts Act.
1 provisions across 1 enactments
Rajkishor Pandey
Vijay Shanker Mishra And 2 Ors.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
