2006 (1) TMI 646

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ant : Vikas Singh, ASG, Shilpa Singh, Amrita Narayan and Anil Katiyar, Advs For the Respondent : Anil Kumar Bakshi, M.P.S. Tomar, D.P. Chaturvedi, T.S. Chaudhary, Advs. JUDGMENT Arijit Pasayat, J. 1. Challenge in this appeal is from an order passed by a learned single Judge of the Madhya Pradesh High Court in contempt proceedings. The respondent had filed a writ petition (W.P. No.4511/....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... said that, certain further directions were given. The directions given form the subject matter of challenge in this appeal. According to Mr. Vikas Singh, learned Addl. Solicitor General, after having held that there was no contempt involved, further directions given have no sanctity in law. The order, however, is supported by the learned counsel appearing for the respondent. 2. While dealing w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....him the same is not legally tenable. Such a question has necessarily to be agitated before the higher court. The court exercising contempt jurisdiction cannot take upon itself power to decide the original proceedings in a manner not dealt with by the court passing the judgment or order. Though strong reliance was placed by learned counsel for the appellants on a three-Judge Bench decision in Niaz ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es to get around the result, to legitimise legal alibi to circumvent the order passed by a court. 4. In Mohd. Iqbal Khanday v. Abdul Majid Rather, [1994] 4 SCC 34, it was held that if a party is aggrieved by the order, he should take prompt steps to invoke appellate proceedings and cannot ignore the order and plead about the difficulties of implementation at the time contempt proceedings are in....