The court held that the contempt petitioner cannot contest the correctness of an order passed pursuant to a judgment, as the proper remedy is to challenge the original order itself, not to file a contempt petition.
The contempt petition was closed with liberty to the petitioner to challenge the underlying order.
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 KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Con.Case(C).No. 593 of 2008(S) -----------------------------AGAINST THE JUDGEMENT/ORDER IN OP.26215/2001 Dated 06/02/2007 .................... PETITIONER : ----------------T. JOHN ROSE, PROPRIETOR M/S.SRI. BALAJI AGENCIES, 36/2247 SANKOORIKAL BUILDINGS, OPP. KALOOR BUS STAND KOCHI-17.
BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR
RESPONDENTS: -------------
SRI. KAMARUDDIN, AGED AND FATHERS NAME NOT KNOWN TO THE PETITIONER THE ASSISTANT COMMISSIOSNER (ASSMT.) SALES TAX OFFICE, SPECIAL CIRCLE-I, ERNAKULAM COCHIN-682 018.
BY G.P. SRI. TEKCHAND
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N. RAMACHANDRAN NAIR, J.
Cont. Case (C) NO. 593 OF 2008
Dated this the 22nd day of May, 2008
JUDGMENT
Even though counsel for the contempt petitioner submitted that
the order passed pursuant to the judgment is not correct there is no
scope for entertaining the contempt petition because the order, whether
right of wrong, is already passed pursuant to the judgment. Contempt
Case is therefore closed leaving freedom to the contempt petitioner to challenge the order.
(C.N. RAMACHANDRAN NAIR) Judge
kk
2
2 issues framed by the court
Whether the contempt petition can be entertained since the impugned order was passed pursuant to a judgment.
If the order pursuant to the judgment is incorrect, can the contempt petitioner challenge it within a contempt proceeding.
T. JOHN ROSE
SRI. KAMARUDDIN
C.N. RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
