Contempt petition filed alleging willful violation of a court order. The accused filed a belated compliance. The High Court found no case made out for contempt proceedings as the breach was not willful and disposed of the contempt petition.
Contempt petition disposed of with observation that no case is made out to proceed against the accused.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
C.C.C. NO. 556 OF 2020 (CIVIL)
BETWEEN:
... COMPLAINANTS
(BY SHRI M.SHIVAPRAKASH, ADVOCATE)
AND:
... ACCUSED
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REP. BY ITS SECRETARY RAJKUMAR KATHRI.
… RESPONDENT No.2 (VIDE ORDER DATED 23.11.2020)
THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL VIOLATION AND DISOBEDIENCE OF THE COURT ORDER DATED 29.6.2020 PASSED IN W.P. No.6549/2020 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 DELIVERED THE FOLLOWING:
ORDER
The learned counsel appearing for the complainants
states that yesterday, the Deputy Commissioner of Chikkaballapur District has passed an order.
which breach is alleged. No case is made out to proceed under the Contempt of Courts Act, 1971. Accordingly, the contempt petition is disposed of.
Sd/-
CHIEF JUSTICE
vgh*
2 issues framed by the court
Whether to proceed with contempt proceedings against the accused for alleged violation of a court order.
Whether the belated compliance of the impugned order negates the claim of willful violation.
1 provisions across 1 enactments
Sri G.V.Nagaraju
G.V.Krishnappa
Smt. Latha
The State of Karnataka
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
