In a Contempt of Court case under Article 215 of the Constitution, the Bench held that since the accused had complied with the directed compensation award by mid-December 2020, no further action under the Contempt of Courts Act was required.
The notice issued earlier is discharged and the contempt petition is disposed of without further action.
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 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. 588 OF 2020 (CIVIL)
BETWEEN:
KULLAIAH S/O LATE CHIKKEGOWDA AGED 60 YEARS OCC: AGRICULTURE R/O PUTTAKOPPALU VILLAGE DUDDA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 417.
... COMPLAINANT
(BY SHRI. SYED AKBAR PASHA, ADVOCATE FOR SHRI MAHANTESH S.HOSMATH, ADVOCATE)
AND:
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... ACCUSED
MANDYA-571 417.
(BY SHRI. B.V.KRISHNA, AGA FOR A-1)
THIS C.C.C. IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST ACCUSED PERSONS FOR DELIBERATELY AND WILLFULLY DISOBEYING THIS HON’BLE COURT ORDER AND THEIR OWN UNDERTAKING BEFORE THIS Court IN W.P. No.34789/2017 DATED 24.1.2020 IN THE INTEREST OF JUSTICE AND EQUITY, AND ETC.
THIS C.C.C. COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
ORDER
Perused the affidavit filed by the first accused. The affidavit records that the order dated 21st January, 2020 was complied with by making an award on 15th December, 2020 which was approved on 18th December, 2020. Accordingly, the compensation payable to the complainant has been paid.
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required to be taken under the Contempt of Courts Act, 1971. Accordingly, notice issued earlier is discharged and
the contempt petition is disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
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2 issues framed by the court
Whether to initiate contempt proceedings against the accused for allegedly disobeying the order in W.P. No.34789/2017.
Whether the belated compliance with the earlier order warrants contempt action.
2 provisions across 2 enactments
KULLAIAH S/O LATE CHIKKEGOWDA
CHANDRAIAH THE SPECIAL LAND ACQUISITION OFFICER
Dr.M.V.VENKATESH THE DEPUTY COMMISSIONER MANDYA DISTRICT
ABHAY S. OKA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
