Single Judge dismissed civil contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act because the underlying writ petition was dismissed as not maintainable with liberty to approach Labour Court.
The civil contempt proceedings were dropped.
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 18TH DAY OF OCTOBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE B.VEERAPPA
AND
THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. NO.351/2021 (CIVIL)
BETWEEN:
MUSHTAQ AHMED S/O LATE SHEIKH AMEER AGED ABOUT 57 YEARS R/A 77, 7TH CROSS 1ST FLOOR, NEAR MASJID ALA CHINNAYANPALAYA, ADUGODI POST
BANGALORE-560030
...COMPLAINANT
(BY SRI.NAVEED AHMED, ADVOCATE)
AND:
ISLAMIC MISSION OF INDIA AND DISCIPLINARY AUTHORITY NATIONAL PARK ROAD BENGALURU-560076
2 . MEER SHAFIULLA AGED ABOUT 59 YEARS THE PRINCIPAL, ISLAMIAH INSTITUTE OF TECHNOLOGY NATIONAL PARK ROAD
- 2 -
BENGALURU-560076
…ACCUSED
(BY SRI.PRABHAKAR RAO K, ADVOCATE FOR A1; A2 IS SERVED BUT UNREPRESENTED)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED PERSONS FOR HAVING DELIBERATELY AND INTENTIONALLY, DISOBEYED, DISRESPECTED AND FOR HAVING VIOLATED THE ORDER OF THIS HONBLE COURT IN W.P.NO.4551/2021 DATED 05.03.2021 VIDE ANNEXURE-A.
THIS CCC COMING ON FOR ORDERS, THIS DAY, B.VEERAPPA J ., PASSED THE FOLLOWING:
O R D E R
The complainant has filed the present Civil Contempt Petition against the accused to take action under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the interim order dated 05.03.2021 passed by the learned Single Judge in W.P. No.4551/2021, wherein the
learned Single Judge while issuing notice to the respondents, stayed the further proceedings in SLA No.237/2020 in I.D.No.125/2013 pending on the file of Industrial Tribunal, Bengaluru at Annexure-B and impugned order of dismissal dated 02.09.2020, till the next date of hearing.
following:
ORDER
The civil contempt proceedings are hereby dropped.
Sd/JUDGE
Sd/JUDGE
MBM
1 issue framed by the court
Whether civil contempt proceedings for willful disobedience of an interim order should be dropped when the underlying writ petition is dismissed as not maintainable.
2 provisions across 1 enactments
Mushtaq Ahmed
Naseer Ahmed
Meer Shafiulla
B.Veerappa
K.S.Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
