Sri H Rajappa v. the State of Karnataka
Case brief
What is this about?
This Civil Contempt Petition challenged alleged violations of a District Court order. The High Court followed a coordinate bench ruling that civil contempt proceedings should generally be conducted before the same court passing the impugned order rather than invoking the High Court's contempt jurisdiction unless an exception applies.
What the court decided
- 1 -
NC: 2023:KHC:38531-DB CCC No. 249 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 249 OF 2023
BETWEEN:
- SRI. H RAJAPPA, AGED ABOUT 65 YEARS, S/O LATE HUCHAPPA, R/AT NO.108/1A, SADARA STREET, NEAR SRI VENKATESHWARA TEMPLE, CHIKKABEGURU VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU POSTAL -560 068.
- SRI M PRAKASH
Issues for consideration
2 issues framed by the court
Whether contempt jurisdiction under the Contempt of Courts Act, 1971 is an appropriate remedy when an alternative civil procedure exists under CPC.
Whether proceedings should be initiated for alleged willful violation of a District Court order pending appeal.
Parties & counsel
- petitioner
Sri. H Rajappa
- petitioner
Sri M Prakash
- respondent
The State of Karnataka represented by its Secretary, Department of Revenue
- respondent
Shri. P.R. Gururaju
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- CCC/249/2023
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