The single-judge bench dismissed four contempt proceedings for want of真正地先发出要求合规的通知。法院认为，鉴于藐视法庭权能的准刑事性质，申请人在起诉前必须向被申请方发出通知要求遵守法院命令。由于申请人未能遵循此程序，案件被驳回。
Contempt cases dismissed; liberty given to issue notices in future if respondents fail to comply.
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.
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Contempt Case Nos.1750, 1752, 1753 and 1754 of 2013
Dated 0 8 th O ctober, 2013
Between:
M/s.Siddardha Constructions Pvt.Ltd.
…Petitioner (C.C.No.1750 of 2013)
and Sri Ch.V.V.S.Prasad
…Respondent (C.C.No.1750 of 2013)
Counsel for the petitioner: Sri P.Girish Kumar
(C.C.No.1750 of 2013)
Counsel for the respondent: ----
(C.C.No.1750 of 2013)
The Court made the following:
COMMON ORDER:
These contempt cases have been filed alleging willul disobedience of order, dated 03.08.2011 in W.P.No.9305 of 2009.
At the hearing, Sri P.Girish Kumar, learned counsel for the petitioners, has not disputed that before filing these contempt cases, his clients have not issued any notice to the respondents calling upon them to comply with the above-mentioned order of this Court.
In my opinion, the contempt jurisdiction being quasi criminal in nature, the petitioners ought to have first called upon the respondents to comply with the order of this Court. As they have failed to follow this procedure, I am not inclined to entertain these contempt cases at this stage. The petitioners are, however, given liberty to issue notices to the respondents and if the respondents fail to comply with the order of this Court, they shall be free to initiate contempt proceedings thereafter.
Subject to the liberty given above, the contempt cases are dismissed.
C.V.NAGARJUNA REDDY, J
08th October, 2013 VGB
1 issue framed by the court
Whether a Notice calling upon compliance is a prerequisite for filing a contempt petition due to the quasi-criminal nature of the jurisdiction
M/s.Siddardha Constructions Pvt.Ltd.
Sri Ch.V.V.S.Prasad
C.V.NAGARJUNA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
