Case Note & Summary
The case involved a contempt petition filed by Major Genl. B.M. Bhattacharjee and another against Russel Estate Corporation and its managing partner for violating a Supreme Court order. The petitioners claimed that the respondents had allotted flats to third parties in January 1992, despite a court order from August 1, 1991, prohibiting further allotments. The respondents contended that the flats were allotted prior to the court's order and that the agreements for sale were valid. The court analyzed the meaning of 'allotment' and concluded that it included the delivery of possession and registration of sale deeds, thus finding the respondents guilty of contempt. The court rejected the respondents' claims of prior agreements and their apology, imposing a one-month imprisonment and a fine of Rs. 2,000 on the second respondent for their actions. The court emphasized the importance of adhering to its orders and the consequences of non-compliance.
Headnote
A) Contempt of Court - Violation of Court Orders - Respondents found guilty of contempt for allotting flats in violation of court order - Contempt of Courts Act, 1971, Section 12 - The court held that the respondents' actions constituted gross contempt as they violated a clear order not to make further allotments, interpreting 'allotment' to include delivery of possession and registration of sale deeds. The court rejected the respondents' claims of prior agreements as a defense, emphasizing the need for compliance with court orders (Paras 1.1-1.2). B) Apology in Contempt Proceedings - Nature of Apology - Court rejected the second respondent's apology as conditional and insincere - Contempt of Courts Act, 1971, Section 12 - The court found the apology insufficient due to the respondent's conduct and attempts to justify actions contrary to the court's orders (Paras 2-3).
Issue of Consideration
Whether the respondents violated the court's order by allotting flats to third parties after the order was issued.
Final Decision
The court found the second respondent guilty of contempt, imposing a one-month imprisonment and a fine of Rs. 2,000, to be paid within two weeks, with further imprisonment for non-payment.
Law Points
- Contempt of Court
- violation of court orders
- interpretation of 'allotment'
- significance of agreements of sale
