Constitution of India, Article 215 – Contempt of Courts Act, 1971, Section 2(b)–Contempt jurisdiction – Vacation of stay in appeal – Vacating of the stay order in the appeal by the High Court in exercise of contempt jurisdiction did not assume either a restitutive or a remedying character – Violation of the status quo condition in the stay order stood complete, even as per the High Court, and vacating of the stay order did not have the effect of restoring the parties to their original position or deny the contemnor the benefit of the disobedience which already stood concluded – Violation of a conditional stay order, in the usual course, would entail vacating thereof in a properly constituted proceeding -Held that the concluded act in violation of the status quo order in relation to possession of the suit premises amounted to ‘civil contempt’ under Section 2(b) of the Act, 1971, and warranted appropriate consequences under the provisions thereof – However, without taking recourse to such a step, the High Court thought it fit to vacate the stay order in the appeal so as to enable the Trust to execute the decree -This action of the High Court clearly transgressed the scope and extent of its contempt jurisdiction and cannot be sustained – To that extent, the impugned order liable to be set aside – However, as the High Court desisted from exercising contempt jurisdiction, owing to this misconceived measure, despite finding the contemnor guilty of wilfully violating the status quo-condition in the stay order, the matter remanded to the High Court for continuing with that exercise as course of action adopted by the High Court in the alternative stands set aside. (Para 16 and 17)
SUPREME COURT OF INDIA
2024 STPL(Web) 73 SC
[2024 INSC 73]
Amit Kumar Das, Joint Secretary, Baitanik, A Registered Society Vs.Shrimati Hutheesingh Tagore Charitable Trust
Civil Appeal No. 1405-1406 of 2024 (@ Special Leave Petition (C) No. 34892 of 2014)-Decided on 30-1-2024
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