The Bombay High Court dismissed a civil contempt petition, holding that merely filing a fresh petition does not establish a case for civil contempt, especially when the original order did not grant relief to the petitioner.
Contempt petition dismissed as it is entirely misconceived.
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.
06.ASCP318.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 318 OF 2014 IN WRIT PETITION NO. 11874 OF 2012
Mrs. Minakshi Hiraman Nandre … Petitioner
Vs
1 State of Maharashtra & Ors. ... Respondents
Ms. Kumud Bhatia for the Petitioner.
Mrs. R.A. Salunkhe, AGP, for the Respondent Nos.1 to 3 - State.
CORAM : S.C. DHARMADHIKARI & R.I. CHAGLA, JJ.
TUESDAY, 04TH FEBRUARY, 2020
P.C. :
1 Having heard Ms. Bhatia, we do not think that a case
of civil contempt is made out simply because an earlier petition
was f i led alleging civil contempt.
2 The second contempt petition would not lie merely
because a fresh petition was f i led after the writ petition in which
the order of which contempt is complained of has been passed.
We do not think that contempt petition can be used to derive
SRP 1/2
06.ASCP318.14.doc
substantive benef i ts. Neither can we add to nor we can take away from the order of which contempt is complained of. The order, read as it is, does not issue any command to grant any relief in favour of the petitioner.
3 This civil contempt petition is, therefore, entirely misconceived and is dismissed.
R.I. CHAGLA, J. S.C. DHARMADHIKARI, J.
SRP 2/2
1 issue framed by the court
Whether a second civil contempt petition can lie merely because a fresh petition was filed after the order complained of was passed.
1 provisions across 1 enactments
Minakshi Hiraman Nandre
State of Maharashtra
S.C. Dharmadikari
R.I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
