Contempt petition filed for willful disobedience of a previous order. Accused filed a compliance affidavit with an unconditional apology and produced required certificates. The Court accepted the apology and dropped the proceedings.
Contempt proceedings are held dropped.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON’BLE Mrs. JUSTICE M.G. UMA
C.C.C.No.563/2021
BETWEEN:
SRI. M.N. UMESH, S/O SRI M. NEELAKANTAIAH, AGED ABOUT 51 YEARS, OCCUPATION: LEGAL PRACTITIONER, NO.24/1, 2ND FLOOR, 1ST CROSS, OPPOSITE BISHOP COTTONS WOMEN'S COLLEGE, CSI COMPOUND, MISSION ROAD, BENGALURU - 560 027.
...COMPLAINANT
(BY SRI. VIJAY A.M., ADVOCATE)
AND:
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2 . SRI M. JYOTHI PRAKASH,
FATHER'S NAME NOT KNOWN, MAJOR, PRESENTLY FUNCTIONING AS UNDER SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, GOVERNMENT OF KARNATAKA, M.S.BUILDING, BENGALURU - 560 001.
3 . THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001
…ACCUSED
(BY SRI. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL A/W SRI. KIRAN KUMAR, HCGP FOR R1, R2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT WHEREIN HE PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO PUNISH BOTH THE CONTEMNORS FOR WILLFUL DISOBEDIENCE OF THE ASSURANCE MADE TO THE HON'BLE COURT IN W.P.NO.5657/2020 DATED 12.02.2021 BASIS OF WHICH THE WRIT PETITION WAS DISPOSED OF.
THIS CCC COMING ON FOR FRAMING OF CHARGES THIS DAY, B.VEERAPPA J. , MADE THE FOLLOWING:
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O R D E R
The present contempt petition is filed by the complainant to take action against accused persons under Sections 11 and 12 of the Contempt of Court Act, 1971 read with Article 215 of the Constitution of India for willful disobedience of the assurance made to the Co-ordinate Bench of this Court in W.P.No.5657/2020 which resulted in the order dated 12.02.2021.
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Sri. Dhyan Chinnappa, learned Additional Advocate General brought to the notice of this Court the implementation of the order dated 12.02.2021 passed by the Division Bench of this Court in terms of Annexure-R1, Certificate of Registration issued by the Chairman, Appropriate Authority for the Transplantation of Human Organs & Tissues Act, 1994 and Commissioner, Health, Family Welfare and AYUSH Services and Annexure-R2 issued by the Commissioner, Health and Family Welfare Services & Chairman, Appropriate Authority, Transplantation of Human organs & Tissues Act, 1994.
"4. I submit that necessary permissions are now accorded by the concerned Authorities and I submit that now the Institute of Gastroenterology Sciences and Organ Transplant in now fully functional and patients admitted to the Hospital can be treated including Organ Transplantation if any. Copy of the Certificate of the Registration is herewith produced and marked as Annexure R1. And also permission accorded by the
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Commissioner, Dept. of Health & Family Welfare Services and Chairman Appropriate Authority Transplantation of Human Organ and Tissue Transplantation Act, 1994 for conducting liver transplantation is herewith produced and marked as Annexure R2.
5. I hereby tender my unconditional and unqualified apology for the delay incompliance with the orders of this Hon'ble Court. I submit that I have highest respect to the orders passed by this Hon'ble Court and I and other officials will comply with all or any orders passed by this Hon'ble Court. I most humbly request that this Hon'ble Court be pleased to gracely accept the apologies and drop the contempt proceedings."
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adverse observations against the State Government.
Sd/JUDGE
Sd/JUDGE
SMJ
1 issue framed by the court
Whether the contempt proceedings for willful disobedience of assurance made to the Court can be dropped after the accused filed an unconditional apology and produced compliance certificates.
2 provisions across 2 enactments
Sri. M.N. Umesh
Anil Kumar
M. Jyoti Prakash
The State of Karnataka
B. Veerappa
M.G. Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
