This Court disposed of a contempt petition filed for breach of an order stayed by a Division Bench, directing the complainant to file a fresh petition if the stay is lifted and the order remains uncomplied with.
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 10TH DAY OF NOVEMBER, 2020 PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY CCC NO. 372/2020 (CIVIL)
BETWEEN
DR. MURALIDHARA K S/O KRISHNA MURTHY K.S. AGED ABOUT 38 YEARS ASSISTANT PROFESSOR IN PHYSICS DEPARTMENT OF SCIENCE AND HUMANITIES PES UNIVERSITY 100 FEET RING ROAD BSK III STAGE BENGALURU – 560 085
R/AT No.22 SAI VIEW LAYOUT VIRGONAGAR (PO) BENGALURU – 560 049
…COMPLAINANT (BY SRI R.P. SOMASHEKHARAIAH, ADVOCATE)
AND
SRI J. SURYA PRASAD THE VICE CHANCELLOR PES UNIVERSITY 100 FEET RING ROAD BSK III STAGE BENGALURU – 560 085 (BY SRI K.R. ANAND, ADVOCATE)
…ACCUSED
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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON’BLE HIGH COURT IN W.P.NO.8448/2020 DATED 6/7/2020 UNDER ANNEXURE-A AND SENTENCE HIM FOR IMPRISONMENT.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
It is pointed out by the learned counsel appearing for the accused-respondent by filing a memo that the order of which breach is alleged in this contempt petition has been stayed by a Division Bench of this Court by the order dated 13th October 2020. Hence, no action under the Contempt of Courts Act, 1971 can be initiated.
the Division Bench and thereafter it is not complied with, the complainant can either file a fresh contempt petition or apply for revival of this petition.
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3. Subject to what is observed above, the petition is
disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
SN
1 issue framed by the court
Whether contempt proceedings can be initiated when the impugned order is stayed by a Division Bench.
Dr. Muralidhara K
Sri J. Surya Prasad
Abhay S. Oka
S. VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
