The Gauhati High Court closed a contempt petition. The court held that since the respondent issued a speaking order rejecting the petitioner's handgun application after its prior direction, no case for contempt was made out.
Contempt petition closed with no case for contempt made out.
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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GAHC010011412022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/56/2022
SANJIB KUMAR BARUA
S/O- LATE KAMAL CHANDRA BARUA, PRESENT RESIDENT OF GYAN KANIKA APARTMENT, BASISTHAPUR, BYE LANE-3, OLD PASSPORT OFFICE LANE, FLAT NO. 3C, BLOCK-3, BELTOLA, GUWAHATI, DIST.KAMRUP(M), ASSAM, PIN- 781028.
VERSUS
PALLAV GOPAL JHA
DEPUTY COMMISSIONER, KAMRUP(M), GUWAHATI, PIN- 781001.
Advocate for the Petitioner : MR. I CHOUDHURY Advocate for the Respondent : MS. K PHUKAN
BEFORE
HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE SOUMITRA SAIKIA
:: O R D E R ::
11.05.2022
[N. Kotiswar Singh, CJ(Acting)]
Though no one is present for the petitioner, considering the fact that the Court’s order passed on 04.03.2021 in WA 48/2021 has been stated to be complied with, the present contempt petition can be closed.
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in case the licensing authority is of the opinion based on police report and other materials that a licence should not be granted to the petitioner then it shall do that by a speaking order. 3. Ms. K.Phukan, learned counsel for the respondent has submitted that the respondent has filed affidavit-in-opposition in which the speaking order issued on 01.04.2022 in terms of the aforesaid order dated 04.03.2021 has been annexed.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
1 issue framed by the court
Whether contempt proceedings should be initiated against the respondent for issuing a speaking order rejecting the petitioner's gun licence application.
Sanjib Kumar Barua
Pallav Gopal Jha
N. Kotiswar Singh
Soumitra Saikia
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
