This is a contempt petition alleging disobedience of a direction to dispose of an appeal. The court observed the appeal was scheduled for immediate hearing and receded from the contempt 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 THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939
Con.Case(C).No. 427 of 2018 IN WA. 2359/2016
AGAINST THE JUDGMENT IN WA 2359/2016 of HIGH COURT OF KERALA
PETITIONER(S)/PETITIONER IN W.A.(C)NO.2359 OF 2016:-
ANAS,
S/O MUHAMMED,AGED 22 YRS,THAIKOVIL MARAVANTVIDA HOUSE, P.O.CHERUVANCHERY,KOOTHUPARAMBA,KANNUR DISTRICT.
BY ADV.SRI.ANILKUMAR V. (VAZHARAMBIL)
RESPONDENT(S)/RESPONDENT NO.1 IN W.A.(C)NO.2359 OF 2016:-:
SHRI VIRENDRA KUMAR,
THE COMMISSIONER(APPEALS-1),CENTRAL EXCISE & CUSTOMS, C.R.BUILDING,IS PRESS ROAD,KOCHI-18.
BY SMT.SHEELA DEVI.I., SC, CENTRAL BOARD OF EXCISE AND CUSTOMS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 427 of 2018 IN WA. 2359/2016
APPENDIX
PETITIONER'S ANNEXURES
A1: TRUE COPY OF THE JUDGMENT DATED 07.12.2016 IN WRIT APPEAL NO. 2359 OF 2016 OF THE HON'BLE COURT
A2: TRUE COPY OF THE TIME EXTENSION ORDER I A NO.279 OF 2017 DATED 05.04.2017 IN WRIT APPEAL NO.2359 OF 2016
A3: TRUE COPY OF THE APPEAL DATE NIL FILED BY THE PETITIONER BEFORE THE RESPONDENT
JJJ
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
Contempt Case (Civil) No. 427 of 2018 (S)
Dated: 08th March, 2018
J U D G M E N T
Antony Dominic, C.J.
This petition is filed alleging disobedience of the directions contained in the judgment in W.A. No.2359 of 2016 whereby the 1st respondent was directed to dispose of an appeal filed by the petitioner. It is contended that despite the direction the appeal has not been considered or disposed of.
COC No. 427/2018
-2-
Now that the appeal is scheduled to be heard on 13.03.2018, we close this petition directing that the appeal shall be disposed of immediately thereafter.
Sd/ANTONY DOMINIC, CHIEF JUSTICE.
Sd/-
DAMA SESHADRI NAIDU, JUDGE.
jjj 08/03/2018
1 issue framed by the court
Whether the petitioner is entitled to directions for disposal of an appeal which remained undischarged despite directions in a prior judgment but was scheduled to be heard shortly.
ANAS
SHRI VIRENDRA KUMAR
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
