Dismissed

Nagari Hakka Saurakshan Manch Bearing Thr. Central President Shri. Janardan Moon v. Shri Shrawan Hardikar, Commissioner N.M.C. and Others

Bombay HC7 Oct 2016CP/131/2016

Case brief

AI extract

What is this about?

Petitioner challenged breach of orders mandating program segregation and banning banners during a Hanuman Chalisa program. Court found delay was minor and banner removal was inadvertent due to unconditional apologies.

What did the court decide?

Contempt petition rejected; no order as to costs.

What the court decided

Nagari Hakka Saurakshan Manch Bearing Thr. Central… — Contempt of Court | Bombay HC (2016)

¶1

cp131.16.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

¶4

CONTEMPT PETITION NO. 131/2016 IN WRIT PETITION NO.2054/2016 (D)

¶5

Nagari Hakka Saurakshan Manch, thr. Its Central President Shri Janardan Moon ..vs.. shri Shrawan Hardikar, Commissioner, N.M.C. and ors.

¶6

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶7

- - - - Mr. A. R. Ingole, Advocate for petitioner. Mr. S. M. Puranik, Advocate for respondent no.1. Mr. A. M. Quazi, Advocate for respondent no.2. Mr. U. P. Dable, Advocate for respondent no.3.

¶8

CORAM : B. R. GAVAI & V. M. DESHPANDE, JJ. DATE : OCTOBER 7, 2016

¶9

The present Contempt Petition has been filed by the present petitioner contending therein that the respondents have acted in breach of the orders passed by this Court on 05.04.2016. It is submitted that though this Court had directed the program to be conducted by the Nagpur Municipal Corporation and Maharashtra State AIDS Control Society be segregated from the programme of chanting of Hanuman Chalisa by keeping a gap of one hour between the two functions and that no banners of the Nagpur Municipal Corporation be displayed while changing of the Hanuman Chalisa . The said orders are followed in breach.

¶10

Insofar as the first contention is concerned, we find that it is not disputed that the two programs were segregated. However, instead of gap of one hour, there was gap of 41 minutes in the two programs. Insofar as the second contention is concerned, the respondent no.2 has

¶11

cp131.16.odt

¶12

¶13

filed an affidavit stating therein that after the first program was over, every efforts were made to remove the banners of the Nagpur Municipal Corporation. It is further submitted that by inadvertence some banners remained to be removed. The respondent no.2 has tendered an unconditional apology.

¶14

On the same ground, respondent no.3 has also tendered his apology.

¶15

In that view of the matter, we do not find that any case is made out for contempt of this Court. It cannot be said that there is any deliberate or willful disobedience of the orders passed by this Court. It is to be noted that the Corporation had taken care for segregating the first program of AIDS awareness from the second program of changing of Hanuman Chalisa . The contempt petition is, therefore, rejected. No order as to costs.

JUDGE JUDGE

kahale

cp131.16.odt

CERTIFICATE

I certify that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.

¶22

Uploaded by: Y. A. Kahale.

¶23

Uploaded On:0710.2016

Nagari Hakka Saurakshan Manch Bearing Thr. Central President Shri. Janardan Moon v. Shri Shrawan Hardikar, Commissioner N.M.C. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Nagari Hakka Saurakshan Manch Bearing Thr. Central President Shri. Janardan Moon v. Shri Shrawan Hardikar, Commissioner N.M.C. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kisan Sitaram Chaukhe Vs the Scheduled Tribe Certificate Scrutiny Committee Gadchiroli Thr. Member Secretary and Others

Shri Chandrashekhar Shyamrao Tembhurne Vs the State of Maharashtra Thr. Thr Secretary Cooperative and Textile Dept. Mantralaya Mumbai and Oth

Pranita Govardhan Nannaware Vs the Scheduled Tribe Certificate Scrutiny Committee Gadchiroli Thr. Member Secretary and Others

Shri Premsagar S/O Vithoba Meshram Vs Gram Panchayat Chicholim through Its Secretary and Others

Kale Impex Private Limited, through Its Director, Mr. Mohan Sudhakar Kale and Others Vs Union of India, through Its Secretary, Health and Family Welfare, New Delhi and Others

The State of Maharashtra Thr. Secretary, Dept of Home Mantralaya, Mumbai and Another Vs Gajanan Vitthal Palkar