Intra-court appeal in contempt proceedings may lie where a Single Judge exceeds jurisdiction or touches merits; interim stay granted.

In contempt proceedings, an order that decides an issue or issues a direction touching the merits of the dispute, or is said to be beyond the Single Judge's jurisdiction, may be open to an intra-court appeal where that remedy is otherwise available; Article 136 remains an alternative route in other cases. The note also records that, to avoid further damage to the reputation and majesty of the rule of law, the impugned contempt order was stayed pending further hearing. The matter was accordingly listed for continued consideration.

---

---

Issues: Whether the impugned order passed in contempt proceedings could be stayed pending further hearing, and whether such an order was amenable to intra-court challenge where the learned Single Judge was said to have exceeded jurisdiction.

Analysis: The order records that in contempt proceedings, if a learned Single Judge decides an issue or makes a direction touching the merits of the dispute or acts beyond jurisdiction, the aggrieved person is not without remedy and an intra-court appeal may lie where available, with Article 136 of the Constitution of India remaining an alternative route in other cases. On that basis, and to prevent further damage to the reputation and majesty of the rule of law and the Supreme Court and the High Court, the impugned order was directed to remain stayed till the next date of hearing.

Outcome: Interim stay granted against the impugned order and the matter was listed for further hearing.

---