Case Note & Summary
The petitioner, M/s. Build Arch, a partnership firm, claimed ownership of a property and alleged that the respondents, being legal representatives of the original occupant, committed willful breach of an order passed by the Bombay High Court on 24.1.1986 in Writ Petition No. 1764 of 1984, which was based on consent terms. The petitioner filed a Contempt Petition No. 251 of 1996 under the Contempt of Courts Act, 1971. The court examined the petition and noted that civil contempt is defined under Section 2(b) of the Act, and Sections 11 and 12 confer jurisdiction and prescribe punishment. However, the court observed that the prayer clause in the petition contained nine sub-clauses but did not include any prayer to punish the respondents for contempt. The court held that on this ground alone, the contempt petition was liable to be rejected at the threshold, as the very purpose of contempt proceedings is to seek punishment for contempt. Consequently, the court dismissed the petition without issuing notice to the respondents.
Headnote
A) Contempt of Court - Civil Contempt - Maintainability of Petition - Necessity of Prayer for Punishment - Contempt of Courts Act, 1971, Sections 2(b), 11, 12 - The petitioner filed a contempt petition alleging willful breach of a court order but did not include any prayer to punish the respondents for contempt. The court held that the absence of a prayer to punish for contempt renders the petition liable to be rejected at the threshold, as the very purpose of contempt proceedings is to punish for contempt. (Paras 1-4)
Issue of Consideration
Whether a contempt petition is maintainable when it does not contain any prayer to punish the alleged contemnors for contempt of court.
Final Decision
Contempt Petition No. 251 of 1996 is dismissed. No order as to costs.
Law Points
- Civil contempt defined under Section 2(b) of Contempt of Courts Act
- 1971
- High Court jurisdiction under Section 11
- Punishment under Section 12
- Necessity of specific prayer for punishment in contempt petition
