Dismissed

Shri Jose Desa v. Smt. Yvonne Soares and 4 Ors.

Bombay HC25 Sept 2013CPM/8/2013

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa dismissed a contempt petition as no case for invoking jurisdiction was made out. The court held that the petition failed to state particulars of the order breached or the complainant's disobedience, making the prayers unsustainable in law for contempt.

What did the court decide?

Contempt petition dismissed; no case for invocation of contempt jurisdiction made out.

Shri Jose Desa Vs Smt. Yvonne Soares and 4 Ors. — Contempt of Court | Bombay HC (2013)

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IN THE HIGH COURT OF BOMBAY AT GOA

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CONTEMPT PETITION (MAIN) NO. 8 OF 2013

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SHRI JOSE DESA ... Petitioner Versus

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SMT. YVONNE SOARES AND 4 ORS.,

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... Respondents

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Shri Arun Talaulikar, Advocate for the Petitioner. Shri Gaurish N. Agni, Advocate for the Respondents.

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Coram:R. M. SAVANT, J. Date:25th September, 2013

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P.C.:

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The Contempt Petition is purportedly founded on the breach and violation of the order dated 25/11/2008 passed by the Deputy Collector and SDO, Panaji-Goa. The operative part of the said order reads thus:

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"The appeal is allowed thereby the impugned order is quashed and set aside. The respondents, their legal heirs, agents, labours or any other person claiming through them be restrained from causing loss to the applicants/appellants, by way of damaging/destroying the green caju apples, other fruits and illegal felling of trees from the suit property bearing S.No.57/2 situated at Azossim in Tiswadi Taluka till the application of the declaration of tenant is decided by the lower Court. There shall be no order as to cost."

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The averments in the Contempt Petition are replete with statements that the respondents are entering the property in question. The respondents claim to be landlords of the property in question. Assuming that the contempt sought to be alleged is of the order dated 25/11/2008 the said order does not in any manner restrain the respondents from entering the property. It is also significant to note that the prayers in the Contempt Petition are formulated as under:

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"(a) That Your Lordships may be pleased to punish the respondents for contempt u/s 12 of the Contempt of Courts Act, 1971;

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(b) That Your Lordships may be pleased to impose heavy punitive costs on the respondents in respect of the present application;

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(c) That this Hon'ble Court may be pleased to pass such other order or to give such other direction in the facts and circumstances of the present case."

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Hence, a reading of the main substantive prayer shows that it is bereft of any particulars as to of which order there is a willful breach and disobedience. The said prayers can hardly be said to meet the requirement of the prayers in a Contempt Petition. Hence, for the reasons as aforesaid, no case for invocation of the contempt

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jurisdiction of this Court is made out. The Contempt Petition is accordingly dismissed.

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R. M. SAVANT, J.

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Shri Jose Desa v. Smt. Yvonne Soares and 4 Ors.

Case brief

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Shri Jose Desa v. Smt. Yvonne Soares and 4 Ors.

Case brief

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What the court decided

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