The court dismissed the frivolous contempt petition, explaining that contempt jurisdiction cannot be used to grant substantive reliefs. The court directed the petitioner to challenge the relevant order dated 26.08.2013 by instituting substantive proceedings.
No costs. The contempt petition is disposed of.
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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cp.331.13.901
kps
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.331 OF 2013
Jarinabegam Gaibusab Hulkund. Versus Aktharbanu Mohammad Hanif Shaikh and others.
..Petitioner
..Respondents
Mr.Ashok B. Tajane, for the Petitioner. Mr.Anand Kulkarni, for the Respondent Nos.5, 5A and 5B. Mr.Asif Patel, AGP, for the Respondent/State.
CORAM: S.C. DHARMADHIKARI AND
G.S. PATEL, JJ.
DATE : 26 th September, 2013
PC:
1 This is a frivolous contempt petition because when this was placed before us yesterday, the order passed by the Education Officer (Primary), Zilla Parishad, Solapur was produced and which is dated 26.08.2013. If this order is not to the liking of the Petitioner and does not redress the grievance completely, then, her remedy is to challenge the order by instituting the substantive proceedings. The contempt jurisdiction is not to be invoked and cannot be for granting the substantive reliefs. Keeping open all contentions with regard to the challenge to the order dated 26.08.2013 on merits, this Contempt Petition is disposed of. No costs.
(G.S.PATEL, J.) ( S.C. DHARMADHIKARI, J. )
2 issues framed by the court
Whether the contempt jurisdiction can be invoked to grant substantive reliefs when a substantive order has been passed.
Whether the petitioner should be directed to institute substantive proceedings to challenge the order dated 26.08.2013.
Jarinabegam Gaibusab Hulkund
Aktharbanu Mohammad Hanif Shaikh and others
S.C. Dharmadhikari
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
