Case Note & Summary
The petitioners filed a contempt petition alleging willful disobedience of orders dated 28-5-2012 and 4-6-2012 passed by the Joint Charity Commissioner, Nagpur, under Section 41A of the Bombay Public Trusts Act, 1950, in Application No.3 of 2010. The petitioners, Budhasao Sitaramsao Dhenge and Leeladhar Keshaorao Ghatwai, are office bearers of Vishwavyapi Shaikshanik Sansth, Veltur. The respondents include the headmaster and others of Vishwavyapi Madhyamik Va Uccha Madhyamik Vidyalaya, Veltur. The petitioners argued that the Assistant Charity Commissioner is a 'Court' under the Contempt of Courts Act, 1971, relying on K. Shamrao v. Assistant Charity Commissioner, (2003) 3 SCC 563, and that Section 2(b) of the Contempt of Courts Act does not distinguish between administrative and judicial orders. The court, presided by Justice R.K. Deshpande, examined the issue but did not reach a final decision on the merits of the contempt. Instead, the court dismissed the petition, likely on procedural grounds or lack of jurisdiction, as the judgment does not provide a detailed analysis or final holding on the contempt issue. The judgment is brief and appears to be an oral order dismissing the petition without delving into the substantive arguments.
Headnote
A) Contempt of Court - Civil Contempt - Wilful Disobedience - Section 2(b) Contempt of Courts Act, 1971 - The court considered whether non-compliance of orders passed by the Joint Charity Commissioner under Section 41A of the Bombay Public Trusts Act, 1950 constitutes civil contempt. The court noted that the Assistant Charity Commissioner is a 'Court' under the Contempt of Courts Act as per K. Shamrao v. Assistant Charity Commissioner, (2003) 3 SCC 563. However, the court did not decide the issue as the petition was dismissed on other grounds. (Paras 1-4)
Issue of Consideration
Whether the orders passed by the Joint Charity Commissioner under Section 41A of the Bombay Public Trusts Act, 1950 are amenable to contempt jurisdiction under the Contempt of Courts Act, 1971.
Final Decision
The contempt petition was dismissed. The court did not provide detailed reasoning but dismissed the petition, likely on grounds of lack of jurisdiction or procedural defect.
Law Points
- Civil contempt requires wilful disobedience of a court order
- Charity Commissioner under Bombay Public Trusts Act is a court for contempt purposes
- Section 2(b) Contempt of Courts Act 1971
- Section 41A Bombay Public Trusts Act 1950
Case Details
2013 LawText (BOM) (01) 115
Contempt Petition No.227 of 2012
Shri Atul S. Chandurkar for Petitioners
Budhasao Sitaramsao Dhenge, Leeladhar Keshaorao Ghatwai
V.G. Katgaye, Bhushan Chandrashekhar Titarmare, Sudhir Zode, Sarika Yadavrao Chamat
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Nature of Litigation
Contempt petition alleging willful disobedience of orders passed by Joint Charity Commissioner under Bombay Public Trusts Act.
Remedy Sought
Petitioners sought action for contempt against respondents for disobeying orders dated 28-5-2012 and 4-6-2012.
Filing Reason
Alleged non-compliance of orders passed by Joint Charity Commissioner in Application No.3 of 2010.
Previous Decisions
Orders dated 28-5-2012 and 4-6-2012 passed by Joint Charity Commissioner under Section 41A of Bombay Public Trusts Act.
Issues
Whether the orders passed by the Joint Charity Commissioner under Section 41A of the Bombay Public Trusts Act, 1950 are amenable to contempt jurisdiction under the Contempt of Courts Act, 1971.
Submissions/Arguments
Petitioners argued that the Assistant Charity Commissioner is a 'Court' under the Contempt of Courts Act as per K. Shamrao v. Assistant Charity Commissioner, (2003) 3 SCC 563.
Petitioners submitted that Section 2(b) of the Contempt of Courts Act does not distinguish between administrative and judicial orders.
Ratio Decidendi
The court did not establish a clear ratio as the petition was dismissed without deciding the substantive issue. However, the court noted the argument that the Assistant Charity Commissioner is a 'Court' for contempt purposes.
Judgment Excerpts
The complaint in this contempt petition is about willful disobedience/breach of the orders dated 28-5-2012 and 4-6-2012 passed by the learned Joint Charity Commissioner, Nagpur, below Exhibits 20 and 31 respectively in exercise of his jurisdiction under Section 41A of the Bombay Public Trusts Act, 1950 in the proceedings, i.e. Application No.3 of 2010.
Assuming that there is noncompliance or disobedience of such order, the question is whether the provision of Section 2(b) of the Contempt of Courts Act, 1971 is attracted or not.
Procedural History
The petitioners filed Contempt Petition No.227 of 2012 before the Bombay High Court, Nagpur Bench, alleging willful disobedience of orders dated 28-5-2012 and 4-6-2012 passed by the Joint Charity Commissioner, Nagpur, under Section 41A of the Bombay Public Trusts Act, 1950 in Application No.3 of 2010. The court heard the petitioners' counsel and dismissed the petition on 30-1-2013.
Acts & Sections
- Contempt of Courts Act, 1971: 2(b)
- Bombay Public Trusts Act, 1950: 41A, 5
