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    <title>2010 (10) TMI 1194 - Supreme Court</title>
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    <description>Civil contempt under Section 2(b) of the Contempt of Courts Act, 1971 requires a subsisting order and wilful disobedience, and proceedings cannot be founded on assumption or speculation. The Court found no prima facie material to show that a registry officer, who joined after the impugned stay order was passed, had any role in the alleged non-implementation; his later request for the case number and date was only to facilitate compliance. As wilful disobedience and any intent to obstruct justice were absent, initiation of suo motu contempt proceedings was unsustainable. The order directing registration of contempt proceedings was set aside.</description>
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    <pubDate>Fri, 08 Oct 2010 00:00:00 +0530</pubDate>
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      <title>2010 (10) TMI 1194 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=278877</link>
      <description>Civil contempt under Section 2(b) of the Contempt of Courts Act, 1971 requires a subsisting order and wilful disobedience, and proceedings cannot be founded on assumption or speculation. The Court found no prima facie material to show that a registry officer, who joined after the impugned stay order was passed, had any role in the alleged non-implementation; his later request for the case number and date was only to facilitate compliance. As wilful disobedience and any intent to obstruct justice were absent, initiation of suo motu contempt proceedings was unsustainable. The order directing registration of contempt proceedings was set aside.</description>
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      <pubDate>Fri, 08 Oct 2010 00:00:00 +0530</pubDate>
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