P.S.Murthi v. P.S.Vijay
Case brief
What is this about?
This contempt petition was filed by an elderly father against his two sons who violated an undertaking given to a Metropolitan Magistrate to vacate a family house. The High Court held the breach constituted civil contempt and imposed imprisonment and fine.
What did the court decide?
Sentence of simple imprisonment for three months and fine of Rs.2,000/- each on default one week of imprisonment for each respondent.
What the court decided
Cont. P. No.340 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 23.04.2021
PRONOUNCED ON : 04.06.2021
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN
Contempt Petition No.340 of 2021
P.S. Murthi, I.T.S. Petitioner
vs.
1 P.S. Vijay Respondents/
2 P.S. Suraj Alleged contemnors
Contempt Petition filed under Section 10 of the Contempt of Courts Act, 1971, to punish the respondents/accused 1 and 2, viz. , (1) P.S. Vijay and (2) P.S.Suraj, for their wilful breach of the undertaking dated 28.12.2019 given to the Court of the V Metropolitan Magistrate, Chennai, under the Contempt of Courts Act and punish the respondents 1 and 2.
For respondents Mr. V. Krishnamoorthy
Issues for consideration
3 issues framed by the court
Whether the wilful breach of the undertaking given by the respondents to the subordinate court amounts to civil contempt under Section 2(b) of the Contempt of Courts Act, 1971.
Whether the defence of coercion or misunderstanding regarding the validity of the undertaking can be accepted.
What punishment is appropriate for the guilty respondents in lack of remorse.
Parties & counsel
- petitioner
P.S. Murthi
- respondent
P.S. Vijay
- respondent
P.S. Suraj
Coram
Case details
As recorded by the court registry
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