Dismissed

Sri. Mari Gowda J H v. Smt. K Jyothi, IAS

Karnataka HC28 Sept 2020CCC/369/2020

Case brief

AI extract

What is this about?

In a criminal contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 for wilful disobedience of a high court order, the bench exercised its discretion to drop the proceedings, granting liberty to respondents to revive the case if the interim order regarding the single judge's jurisdiction is not implemented within one month. The order explicitly quashes the current co

What did the court decide?

The contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971 are dropped; liberty to revive waived upon non-implementation of the Single Judge's order within one month.

Sri. Mari Gowda J H Vs Smt. K Jyothi, IAS — Contempt of Court | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^th DAY OF SEPTEMBER, 2020

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PRESENT

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THE HON'BLE Mr. JUSTICE ARAVIND KUMAR

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AND

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THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR

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CCC No. 369 OF 2020

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BETWEEN:

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SRI MARI GOWDA J.H. S/O HUTCHAIAH, AGED ABOUT 73 YEARS, NO.57, ‘SHREE NILAYA’, 2^ND MAIN ROAD, EKADANTHANAGAR, HEROHALLI, BANGALORE – 560 091

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NAGARAJ B.M. S/O LATE MUNIYAPPA, AGED ABOUT 73 YEARS, R/A NO.357, 11^TH MAIN ROAD, 1^ST BLOCK, 3^RD STAGE, WEST OF CHORD ROAD, BANGALORE – 560 010

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...COMPLAINANTS (BY SRI K.N. PHANEENDRA, LEARNED SENIOR COUNSEL APPEARING FOR SMT. VAISHALI HEGDE, ADV.)

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AND:

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SMT. K.JYOTHI, IAS, REGISTRAR, BANGALORE UNIVERSITY, JNANABHARATI, BANGALORE – 560 010

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UNIVERSITY VISVESVARAYA COLLEGE OF ENGINEERING,

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BANGALORE – 560 001 REP. BY ITS PRINCIPAL SRI H.N. RAMESH

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... RESPONDENTS/ACCUSED

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(BY SRI B.RAMESH, ADVOCATE FOR R1 & R2 SERVED)

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THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR WILFUL DISOBEDIANCE OF THE ORDER DT.11.06.2019 PASSED IN W.P. NO.11340-1134/2004.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J., MADE THE FOLLOWING:

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ORDER

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Learned counsel appearing for respondents – Accused has submitted that against order dated 11^th June 2000 passed in W.P. No. 11340-11341/2014, which is alleged to have been dis-obeyed by respondents – Accused, a writ appeal was filed in W.A.No.466/2020. Same was disposed of on 24^th September 2020 granting liberty to the appellant therein i.e. first respondent herein to file appropriate proceedings in accordance with law before learned Single Judge and all contentions were kept open. It was also held by Division Bench that order of learned Single Judge should not be implemented for a

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period of one month from date of order. As such, respondents – Accused is proposing to file appropriate petition before learned Single Judge seeking relief.

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Hence, continuation of present contempt case would not be appropriate and as such, present contempt proceeding is dropped, reserving liberty to the respondents – Accused to revive this contempt case in the event of respondents - Contemnors either not succeeding before learned Single Judge or in the event of order of learned Single Judge not being implemented within one month.

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Sd/JUDGE

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Sd/JUDGE

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Sri. Mari Gowda J H v. Smt. K Jyothi, IAS

Case brief

What is this about?

What did the court decide?

Sri. Mari Gowda J H v. Smt. K Jyothi, IAS

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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