A contempt petition for civil contempt regarding belated adherence to court orders was dismissed. The court held that the apologized-for delay and belated compliance negated any claim for further action, allowing the respondent to challenge the endorsement separately.
Contempt petition disposed of; notice issued against the accused discharged.
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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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
C.C.C. NO.235 OF 2020 (CIVIL)
BETWEEN:
SRI K.P.SUBBAIAH AGED ABOUT 80 YEARS S/O LATE K.J.PONNAPPA R/AT No.104, MARUTHINAGAR 2ND MAIN, 4TH CROSS NAGASHETTIHALLI BENGALURU-560 094. … COMPLAINANT (BY SHRI PRABHULING GOUD TUMBIG, ADVOCATE)
AND:
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THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED FOR DELIBERATE AND WILLFULLY DISOBEYING, NOT COMPLYING WITH THE ORDER OF THIS Court IN W.P. 44582/2016 DATED 9.7.2018 (ANNEXURE-A) AND ORDER DATED 30.1.2019 IN CCC. No.2505/2018 PASSED B THIS Court (ANNEXURE-B) AND PUNISH THE ACCUSED SUITABLY, AND ETC.
THIS C.C.C. COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Perused the affidavit of Shri M.Maheshwar Rao, son of Mahabala Rao, Principal Secretary, Department of Revenue, Government of Karnataka. Reliance is placed on an endorsement issued on 21st November, 2020. In the affidavit, an apology has been tendered for the delay.
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is disposed of. Notice issued against the accused is discharged.
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Sd/-
CHIEF JUSTICE
Sd/JUDGE
vgh*
1 issue framed by the court
Whether a case for civil contempt can be made out for belated compliance despite a tendered apology.
2 provisions across 2 enactments
Abhay S. Oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
