TaxTMI 
TaxTMI 
2011 (9) TMI 960
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....ed him simple imprisonment for four months. 3. Facts and circumstances giving rise to this appeal are: A. The appellant executed a sale deed in favour of one Mohd. Yusuf on 5.9.2002 in respect of the premises bearing No. 148, village Khirki, Malviya Nagar, New Delhi for a sum of Rs. 2,10,000/- and got the said deed registered. B. Mohd. Yusuf filed suit No. 106/2003 in the Civil Court, Delhi, on 26.4.2003 for permanent injunction alleging that the appellant tried to dispossess him on 24.4.2003 from the said suit premises. His application for interim relief was rejected. The Civil Court issued summons and notice to the appellant/defendant. C. In response to the said summons and notice, the appellant filed a written statement on 29.4.2003 admitting the execution of sale deed in respect of the suit premises for a sum of Rs. 2.10 lacs and handing over its possession to the plaintiff but denied the allegation that he had made any attempt to dispossess the plaintiff. However, the appellant raised the grievance that the entire consideration of sale has not been paid to him as a sum of Rs. 25,000/- still remained outstanding. D. The Civil Court while taking his written statement on ....
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....recting him to appear in person on 16.2.2005. The Court vide impugned judgment and order dated 20.7.2009 held the appellant guilty of criminal contempt on the basis of inconsistent pleas taken by him and also for the breach of undertaking and imposed simple imprisonment for four months. The appellant was granted bail by this Court on 29.9.2009. Hence, this appeal. 4. Mr. Tanmaya Mehta, learned counsel appearing for the appellant has raised the grievance mainly, that it was a case of civil contempt which could have been dealt with by the Trial Court itself and by no means could be treated as a criminal contempt case. The High Court erred in treating the same as criminal contempt and awarded the punishment to the appellant which was not warranted under the facts and circumstances of the case and therefore, the judgment and order of the High Court convicting the appellant is liable to be set aside. 5. Mr. Shree Prakash Sinha, learned counsel appearing for the plaintiff - Mohd.Yusuf, intervener, has opposed the appeal contending that the appellant and his family members had made false and misleading statements to scuttle the interest of justice. The appellant has not only committed ....
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....gh thr. Mangat Singh (dead) by Lrs. & Ors. v. Satpal, AIR 2003 SC 4300] 7. From the above fact situation, it is evident that the suit was filed on 26.4.2003 and in response to the notice issued in that case, the appellant/defendant appeared on 29.4.2003 in person and filed his written statement. It was on the same day that his statement had been recorded by the court. We failed to understand as to what statutory provision enabled the civil court to record the statement of the appellant/defendant on the date of filing the written statement. The suit itself has been disposed of on the basis of his statement within three weeks of the institution of the suit. The order sheets of the suit read as under: 26.4.2003: "Present: Ld. counsel for the plaintiff. Arguments on injunction application heard. No ground for granting ex-parte stay order at this stage, request in this regard is declined. Issue summons of the suit and notice of the interim application to the defendants on PF and RC, courier, UPC and dasti also for 29-04-2003. Sd/- CJ/Delhi 26-04-2003" 29.4.2003: "Counsel for the plaintiff. Defendant in person. He states that he is not likely to dispossess the plaintiff from the....
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....derive any benefit from mere pendency of case in a Court of Law, as the interim order always merges in the final order to be passed in the case and if the case is ultimately dismissed, the interim order stands nullified automatically. (Vide: Dr. A.R. Sircar v. State of U.P. & Ors., 1993 Suppl. (2) SCC 734; Shiv Shanker & Ors. v. Board of Directors, UPSRTC & Anr., 1995 Suppl (2) SCC 726; Committee of Management, Arya Nagar Inter College, Arya Nagar, Kanpur, through its Manager & Anr. v. Sree Kumar Tiwary & Anr., AIR 1997 SC 3071; M/s. GTC Industries Ltd. v. Union of India & Ors., AIR 1998 SC 1566; and Jaipur Municipal Corpn. v. C.L. Mishra, (2005) 8 SCC 423). 10. In case there is a grievance of non-compliance of the terms of the decree passed in the civil suit, the remedy available to the aggrieved person is to approach the execution court under Order XXI Rule 32 CPC which provides for elaborate proceedings in which the parties can adduce their evidence and can examine and cross-examine the witnesses as opposed to the proceedings in contempt which are summary in nature. Application under Order XXXIX Rule 2A CPC is not maintainable once the suit stood decreed. Law does not per....
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....has wilfully disobeyed it, the same may be executed by attachment of his property or by detention in civil prison or both. The provision of Order XXI Rule 32 CPC applies to prohibitory as well as mandatory injunctions. In other words, it applies to cases where the party is directed to do some act and also to the cases where he is abstained from doing an act. Still to put it differently, a person disobeys an order of injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing. Execution of an injunction decree is to be made in pursuance of the Order XXI Rule 32 CPC as the CPC provides a particular manner and mode of execution and therefore, no other mode is permissible. (See: Hungerford Investment Trust Ltd. (In voluntary Liquidation) v. Haridas Mundhra & Ors., AIR 1972 SC 1826). 13. There can be no dispute regarding the settled legal proposition that conferment of jurisdiction is a legislative function and it can neither be conferred with the consent of the parties nor by a superior court, and if the court passes order/decree having no jurisdiction over the matter, it would amount to a nullity as the....
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....Rule 2A CPC is entirely different. It is a mode to compel the opposite party to obey the order of injunction by attaching the property and detaining the disobedient party in civil prison as a mode of punishment for being guilty of such disobedience. Breach of undertaking given to the court amounts to contempt in the same way as a breach of injunction and is liable to be awarded the same punishment for it. 15. It is a settled legal proposition that the executing court does not have the power to go behind the decree. Thus, in absence of any challenge to the decree, no objection can be raised in execution. (Vide: State of Punjab & Ors. v. Mohinder Singh Randhawa & Anr ., AIR 1992 SC 473). 16. The case requires to be considered in the light of the aforesaid settled legal proposition. Whatever may be the circumstances, the court decreed the suit vide judgment and decree dated 12.5.2003. The said decree was passed on the basis of admission/undertaking made by the appellant on 29.4.2003 and the pleadings taken by him in his written statement. Therefore, in a case where there was any disobedience of the said judgment and decree, the application under Order XXXIX Rule 2A CPC should....
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....ant case is quite distinguishable on facts from those cases. In the instant case, proceedings under Order XXXIX Rule 2A CPC were not maintainable at all. Had the complainant Mohd. Yusuf filed the execution proceedings under Order XXI Rule 32 CPC, the court could have proceeded in accordance with law without going into the averments raised therein by the appellant. 19. In a given case if the court grants time to a tenant to vacate the tenanted premises and the tenant files an undertaking to vacate the same after expiry of the said time, but does not vacate the same, the situation would be altogether different. (See: Sakharan Ganesh Aaravandekar & Anr. v. Mahadeo Vinayak Mathkar & Ors., (2008) 10 SCC 186; and Mahender Kumar Gandhi v. Mohammad Tajer Ali & Ors., (2008) 10 SCC 795). In an appropriate case where exceptional circumstances exist, the court may also resort to the provisions applicable in case of civil contempt, in case of violation/breach of undertaking/judgment/order or decree. However, before passing any final order on such application, the court must satisfy itself that there is violation of such judgment, decree, direction or order and such disobedience is wilfu....
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....vidence and evidence will be led only before Hon'ble High Court. Therefore, prima facie case for reference of the contempt petition has been made out." The Court reached the following conclusion : "As to the contention of learned counsel for respondent no.1 that evidence is required before making a reference, the provision of section 11 of the Contempt of Courts Act, 1971 are to be noted. Section 11 says that it is the Hon'ble High Court which has jurisdiction to inquire into or try the contempt petition. Therefore, the contention has no force. This Court has only to see that prima facie case exist for referring the contempt." The Court made the reference as under: "However, against other respondents there is no material for making the reference. In view of the above, a reference is made to the Hon'ble High Court with humble prayer to try the contempt petition against respondent no.1 and to punish the guilty accordingly. Application is disposed of accordingly." 21. In view of the above discussion, as such proceedings were not maintainable, the order of reference itself was not warranted. It also becomes crystal clear that the appellant had been subjected to unfa....
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....malai & Ors. v. A.G.L. Irudayaraj & Anr., AIR 2009 SC 2214, wherein this court held that wherever there is a wilful disobedience/contumacious conduct - deliberate flouting of the order of the court, it amounts to contempt and it becomes the duty of the court to exercise its inherent power to set the wrong right as a party cannot be permitted to perpetuate the wrong by disobeying the order further. In the case at hands, the court initiated criminal contempt proceedings but ultimately after convicting the appellant did not enforce the order passed by the Civil Court dated 12.5.2003. 24. In Daroga Singh & Ors. v. B.K. Pandey, (2004) 5 SCC 26, this Court rejected the plea of the contemnors that the High Court could not initiate the contempt proceedings in respect of the Contempt of the Courts subordinate to it placing reliance upon earlier judgments in Bathina Ramakrishna Reddy v. State of Madras, AIR 1952 SC 149; Brahma Prakash Sharma & Ors. v. The State of U.P., AIR 1954 SC 10; and State of Madhya Pradesh v. Revashankar, AIR 1959 SC 102. The Court further explained the scope of contempt proceedings observing: ".......... For the survival of the rule of law the orders of the....