Case Note & Summary
The Supreme Court was hearing a contempt petition filed by Petitioners alleging willful disobedience of its order dated 04.01.2023 passed in Civil Appeal No. 76/2023. The background involved a civil appeal against an order of a Division Bench of the Allahabad High Court, which had dismissed an intra-court appeal against a Single Judge order. The petitioner claimed that certain observations in the Division Bench order worsened their position. When the matter reached the Supreme Court, leave to appeal was granted, but the appellant's counsel instead sought permission to withdraw the intra-court appeal before the High Court, which was allowed by the Supreme Court order. The contempt petition alleged that the respondents willfully disobeyed this order. The Court examined the record and noted that the order dated 04.01.2023 merely permitted the withdrawal of the intra-court appeal without prejudice to the rights of the appellant. The Court found no specific direction that was violated. Consequently, the Court held that no prima facie case of contempt was made out and dismissed the contempt petition.
Headnote
A) Contempt of Court - Willful Disobedience - Prima Facie Case - Contempt of Courts Act, 1971 - Allegation of willful disobedience of Supreme Court order dated 04.01.2023 - Court found that the order permitted withdrawal of intra-court appeal without prejudice, and no specific direction was violated - Held that no prima facie case of contempt is made out (Paras 1-4).
Issue of Consideration
Whether the respondents committed willful disobedience of the Supreme Court's order dated 04.01.2023 passed in Civil Appeal No. 76/2023.
Final Decision
The Supreme Court dismissed the contempt petition, holding that no prima facie case of contempt is made out.
Law Points
- Contempt of court
- willful disobedience
- prima facie case
- withdrawal of appeal without prejudice
Case Details
2025 LawText (SC) (10) 443
Contempt Petition (C) No. 27/2025 in C.A. No. 76/2023
MANOJ MISRA J. , UJJAL BHUYAN J.
Anand Bardhan, Principal Secretary & Anr.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Contempt petition alleging willful disobedience of Supreme Court order.
Remedy Sought
Petitioner sought action against respondents for willful disobedience of order dated 04.01.2023.
Filing Reason
Alleged willful disobedience of Supreme Court order dated 04.01.2023 passed in Civil Appeal No. 76/2023.
Previous Decisions
Civil Appeal No. 76/2023 was filed against an order of Division Bench of Allahabad High Court which dismissed an intra-court appeal against a Single Judge order. Supreme Court granted leave to appeal but appellant's counsel sought and was permitted to withdraw the intra-court appeal.
Issues
Whether the respondents committed willful disobedience of the Supreme Court's order dated 04.01.2023.
Submissions/Arguments
Petitioner alleged willful disobedience of order dated 04.01.2023.
Respondents argued that no specific direction was violated.
Ratio Decidendi
A contempt petition alleging willful disobedience of a court order requires a clear violation of a specific direction. Where the order merely permitted withdrawal of an appeal without prejudice, no contempt is made out.
Judgment Excerpts
A perusal of the record would reveal that Civil Appeal No.76 of 2023 was filed against an order of a Division Bench of the High Court of Judicature at Allahabad passed in an intra court appeal against an order of Single Judge of the High Court.
Though the intra court appeal was dismissed, certain observations were there which, according to the petitioner, made petitioner's position worse than what it was after the order of Single Judge.
Though this Court granted leave to appeal, the learned counsel for the appellant instead of pressing the appeal on merits made a statement that he may be permitted to withdraw the intra court appeal that was filed before the Division Bench of the High Court so that his position as obtaining under
Procedural History
Civil Appeal No. 76/2023 was filed against an order of Division Bench of Allahabad High Court which dismissed an intra-court appeal against a Single Judge order. Supreme Court granted leave to appeal but appellant's counsel sought and was permitted to withdraw the intra-court appeal. Thereafter, contempt petition was filed alleging willful disobedience of the order dated 04.01.2023.
