Tag: Contempt of Court

Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre
29Sep By The Legal ChamberNo Comments
Supreme Court

Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre

The Supreme Court upheld the High Court's decision confirming the validity of a court-auctioned property sale. It endorsed the directions for a fresh survey to demarcate the exact purchased area and for the auction purchaser to pay additional consideration, citing his conduct, while ruling that subsequent challenges to the sale were barred by law. Facts Of The Case: The dispute originated from a debt recovery proceeding initiated by the Karnataka State Financial Corporation (KSFC) against a company, for which the respondent, G.M. Krishna, was a guarantor. Following a decree, KSFC attached the respondent's agricultural land for auction. The appellant, R. Raghu, emerged as the highest bidder in a court auction in 2003, and a sale certificate was subsequently issued. The responden...
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Supreme Court’s New Rule: Stray Dogs Can Be Returned to Streets After Sterilization
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s New Rule: Stray Dogs Can Be Returned to Streets After Sterilization

This Supreme Court order modifies its earlier directions on stray dog management, balancing fundamental rights under Article 21 (Right to Life) with the statutory Animal Birth Control (ABC) Rules, 2023. The Court clarified that sterilized and immunized dogs must be released back to their localities as per Rule 11(19) of the ABC Rules, while allowing permanent impounding only for rabid or aggressively dangerous dogs. It issued supplementary directives, including creating designated feeding zones, and expanded the case's scope to all states and union territories for a uniform national policy. Facts Of The Case: The Supreme Court's intervention was triggered by a suo motu cognizance of a news report titled “City Hounded by Strays, Kids Pay Price,” detailing the death of a six-year-o...
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Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle

This Supreme Court judgment clarifies that for offences under Section 186 IPC, a written complaint by the concerned public servant or their superior is mandatory under Section 195(1)(a) CrPC before a court can take cognizance. However, the bar under Section 195 CrPC applies only at the stage of cognizance and does not prohibit the police from investigating such offences. The court also held that "obstruction" under Section 186 IPC is not limited to physical force but includes any act that impedes a public servant's duties. The legality of splitting distinct offences from those covered by Section 195 depends on the facts of each case. Facts Of The Case: A Process Server from the Nazarat Branch of the Shahdara courts was assigned to serve a warrant and a summons at the Nand Nagri police st...
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Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation

The Supreme Court declined to initiate contempt proceedings, finding the delayed payment of dues, while a violation, was not wilful. It reinforced that contempt jurisdiction cannot be used to adjudicate new claims like pension, which were not part of the original decree. The Court, however, awarded compensatory costs for the protracted litigation. Facts Of The Case: A.K. Jayaprakash, a manager at Nedungadi Bank Ltd., was dismissed from service in 1985 on grounds of alleged irregularities in sanctioning loans and delays in reporting. He challenged this dismissal under the Tamil Nadu Shops and Establishment Act, 1947. The Deputy Commissioner of Labour initially set aside the dismissal and ordered his reinstatement. This decision was repeatedly challenged by the Bank, first in the Madras Hi...
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Supreme Court Slams Trend of “Transfer Culture” and Baseless Criticism of Judges
13Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Trend of “Transfer Culture” and Baseless Criticism of Judges

The Supreme Court reaffirmed that a lawyer's primary duty is to the court, not the client, especially when allegations scandalize the judiciary. Signing pleadings with unverified, scurrilous remarks against judges constitutes contempt. The Court emphasized that such actions, even under client instruction, violate professional ethics and the majesty of law. Facts Of The Case: In Transfer Petition (Criminal) No. 613 of 2025, the petitioner, N. Peddi Raju, sought to transfer his case, Criminal Petition No. 4162 of 2020, from the Telangana High Court to the Bombay High Court's Nagpur Bench. The primary grounds for this request were allegations of bias and procedural discrimination against the learned Single Judge hearing the matter. The petitioner specifically contended that his argu...
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Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements
8Sep By The Legal ChamberNo Comments
Supreme Court

Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements

The Supreme Court ruled that naming government welfare schemes after political leaders is not prohibited by law. It clarified that the Common Cause judgments primarily regulate the use of photographs in government advertisements, not the naming of schemes themselves, thereby setting aside the interim order of the High Court. Facts Of The Case: The State of Tamil Nadu government launched a welfare initiative named the "Ungaludan Stalin" (Your's Stalin) scheme. Its stated objective was to bridge the gap between citizens and existing government programs by organizing camps and dispatching volunteers to help people understand and access their entitled benefits. An opposition Member of Parliament filed a complaint with the Election Commission of India (ECI), alleging the scheme's name and ass...
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Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling
6Sep By The Legal ChamberNo Comments
Supreme Court

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling

The Supreme Court, invoking its extraordinary power under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. It quashed the pending criminal proceedings under Section 498-A IPC, finding the allegations to be vague and arising from marital discord, while upholding the terms of a settlement agreement for a clean break. Facts Of The Case: The marriage between Anurag Goel (appellant-husband) and the second respondent (wife) took place on July 25, 2015, following prior divorces for both. After approximately one year and nine months of conjugal life, the relationship soured. The husband alleged constant harassment, leading him to abandon the matrimonial home—a Mumbai apartment he owned—in April 2017 to move to Faridabad with his autistic child fro...
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Supreme Court Rules: Rejecting Job Regularization on Multiple Grounds is Not Contempt of Court
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Rejecting Job Regularization on Multiple Grounds is Not Contempt of Court

The Supreme Court held that the authority's order, which rejected regularization claims on multiple fresh legal grounds—including qualifications and financial burden—constituted valid compliance with the High Court's direction. Since the rejection was not solely based on the prohibited "contract labour" ground, it could not be construed as wilful disobedience amounting to contempt of court. Facts Of The Case: The case originated from drivers engaged by the New Okhla Industrial Development Authority (NOIDA) seeking regularization of their services. Their initial representation was rejected by the NOIDA CEO in 2017 solely on the ground that they were intermittent workers hired through a contractor. This rejection was challenged and set aside by the Allahabad High Court in February 2020, wh...
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Supreme Court Verdict on Delhi Ridge : DDA Must Pay for Environmental Damage in Delhi Ridge Case
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Verdict on Delhi Ridge : DDA Must Pay for Environmental Damage in Delhi Ridge Case

The Supreme Court held the Delhi Development Authority (DDA) in contempt for wilfully disobeying its 1996 order prohibiting tree felling in the Delhi Ridge and for concealing this action from the court. The Court emphasized that such conduct obstructs the administration of justice and undermines the Rule of Law, necessitating remedial measures to purge the contempt. Facts Of The Case: This contempt petition before the Supreme Court of India stems from the Delhi Development Authority's (DDA) alleged wilful disobedience of the Court's 1996 order in M.C. Mehta v. Union of India, which mandated the preservation of the ecologically sensitive Delhi Ridge. The DDA sought approval for constructing approach roads to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS), entailin...
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