In a criminal contempt petition, the Court considered the prayer to commit respondents to contempt versus a Section 48 application. Leave was granted to withdraw the petition with liberty to move a fresh petition if necessary.
Leave granted to withdraw the petition disposed as withdrawn with liberty as available in law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL CONTEMPT PETITION NO. 20 OF 2006
United Mazdoor Union .. Petitioner
Vs.
Aluminite Private Limited
and ors. .. Respondents
Mr. I.R. Kulkarni and Mr. D.S. Joshi for petitioner.
Ms. P.H. Kantharia, APP for State.
CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ.
Date : December 04, 2006.
P.C.:
. The prayer made in this petition for
committing the respondents to contempt of the
Industrial Court’s order can be efficaciously dealt
with in an application under Section 48 of the
M.R.T.U. and P.U.L.P. Act, 1971. However, Mr.
Kulkarni submitted that an affidavit has been
submitted before this court in which
allegations/statements have been made which, prima
facie, make out a case for criminal contempt. If that
be so, the petitioner is at liberty to move a fresh
petition for criminal contempt.
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. Mr. Kulkarni, therefore, seeks leave to
withdraw this petition with liberty.
. Leave granted and the petition is disposed as
withdrawn with liberty as is available in law.
(J.H. Bhatia, J.)(B.H. Marlapalle,J.)
2 issues framed by the court
Whether to grant leave to withdraw the criminal contempt petition with liberty.
Whether an alternative remedy under Section 48 of the M.R.T.U. and P.U.L.P. Act, 1971 precludes criminal contempt jurisdiction.
1 provisions across 1 enactments
United Mazdoor Union
Aluminite Private Limited
B.H. Marlapalle
J. H. Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court