Only when the disobedience is deliberate and wilful, then only it is punishable.

Anti Corruption Team ACT help desk Knowledgebase Law and Legal Remedies - Litigation Process Courts Contempt of Court Case Law

That Hon’ble Supreme Court in cate of decisions had ruled that the contempt proceeding cannot be used as recovery or execution proceedings. The court should not pass any order which is beyond competence of a person to comply with. And in such cases, there will be no contempt for non-compliance of such orders. It is also settled law that every disobedience is not punishable as contempt. Only when the disobedience is deliberate and wilful, then only it is punishable. [Kanwar Singh Saini Vs. High Court of Delhi 2012 4 SCC 307, U. N. Bora v. Assam Roller Flour Mills Assn., (2022) 1 SCC 101]

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Article ID:

2557

Category:

Case Law

Date added:

2023-04-30 16:07:47

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if two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable
Or. 23 R. 3-Consent order - Necessity of compliance by all parties
decree was obtained by suppressing the material fact and by fraud.
contemnor is entitled for all the protection available to an accused in criminal jurisprudence, including right to silence as per Article 20(3) of the Constitution of India
not following the law laid down in the previous decision

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Only when the disobedience is deliberate and wilful, then only it is punishable.

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