In Civil Contempt Proceedings, the Court observed that the accused provided a reason for non-compliance and the opposing counsel accepted substantial compliance. No action was initiated under the Contempt of Court Act.
Notice issued under the Contempt of Courts Act, 1971 is discharged and the contempt petition is disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH 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.348 OF 2020 (CIVIL)
BETWEEN: SMT. M.D.SUMITHRA DEVI W/O SIDDARAJU AGED ABOUT 58 YEARS R/AT No.154, 5TH MAIN 8TH ‘A’ CROSS, GANESHA BLOCK MAHALAKSHMI LAYOUT BENGALURU – 560 096
… COMPLAINANT
(BY SHRI SUNDARESH H.C, ADVOCATE)
AND: SRI PRAKASH G.C. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA KRUPA WEST BANGALORE – 560 020
… ACCUSED
(BY SHRI SACHIN B.S., ADVOCATE)
THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.1206/2016 DATED 12.09.2019 AS PER THE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND ETC.
THIS C.C.C. COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
We have perused the affidavit of the
respondent/accused. He has given reasons why the order of which breach is alleged could not be complied with earlier. In the affidavit, he has relied upon the endorsement dated 12th November 2020 issued to the complainant calling upon the complainant to remain present for registration of the document. Therefore, the learned counsel appearing for the complainant accepts that there is a substantial compliance.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
AHB
1 issue framed by the court
Whether substantial compliance with the court order negates the need for contempt proceedings.
1 provisions across 1 enactments
Abhay S. Oka
S. Vishvajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
