In a civil contempt petition, the Court observed that the explanatory affidavit regarding the delay in complying with a prior order relieved the accused of a presumption of contempt.
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 4TH DAY OF FEBRUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
C.C.C NO.632 OF 2020(CIVIL)
BETWEEN: SHRI. MANOO URS S/O LATE MALLARAJEURS AGE ABOUT 65 YEARS OCC: PRIVATE SERVICE R/AT NO 921, KANTHARAJURS ROAD LAKSHMIPURAM MYSURU - 570 004
REPRESENTED BY GPA HOLDER
SRI. B. N. SATHISHA S/O NARASIMHAIAH AGE ABOUT 42 YEARS R/AT NO. 41/1, 6A 12TH CROSS, RAMANUJA ROAD KEELE MOHALLA, LAKSHMIPURAM MYSURU - 570 004 ... COMPLAINANT (BY SHRI. G.A. SRIKANTE GOWDA, ADVOCATE) AND:
1 . THE 'A' KHARAB DETERMINING COMMITTEE REPRESENTED BY ROHINI SINDHURI, IAS DEPUTY COMMISSIONER, MYSURU OFFICE OF DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU - 570 004 2 . THE JOINT DIRECTOR OF LAND RECORDS UPOR, K. R. CIRCLE
BENGALURU - 560 001
... ACCUSED
... PRO FORMA RESPONDENT NO.3
AMENDED AS PER ORDER DATED 8.12.2020
(BY SHRI. KIRAN KUMAR, HCGP)
THIS CCC IS FILED UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE COURT BE PLEASED TO CONDUCT ENQUIRY UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971, AND PUNISH THE 1ST RESPONDENT.
THIS CCC COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
We have perused the affidavit filed by the second respondent (second accused).
Sd/-
CHIEF JUSTICE
Sd/JUDGE
CA
1 issue framed by the court
Whether the delay in complying with the court order negates a presumption of contempt.
1 provisions across 1 enactments
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
