Case Note & Summary
The complainant, Shankrappa, filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, alleging disobedience of a judgment dated 02.12.2021 passed by a learned Single Judge in W.P. No.104807/2018. The accused was the Managing Director of NGEF (Hubballi) Ltd. However, on the same day the contempt petition came up for hearing, the underlying judgment was set aside in W.A. No.100058/2022. Consequently, the court held that the contempt proceedings had become infructuous and ordered them to be dropped. Costs were made easy.
Headnote
A) Contempt of Court - Contempt Proceedings - Effect of Setting Aside of Underlying Judgment - Contempt of Courts Act, 1971, Sections 11 and 12 read with Article 215 of the Constitution of India - The contempt petition was based on alleged disobedience of a judgment in W.P. No.104807/2018 dated 02.12.2021. During the pendency of the contempt proceedings, the said judgment was set aside in W.A. No.100058/2022 on the same day. Held that since the very judgment has been set at naught, the contempt proceedings have to be dropped. (Para 1)
Issue of Consideration
Whether contempt proceedings can survive when the judgment alleged to have been disobeyed has been set aside in appeal.
Final Decision
Contempt proceedings dropped as the underlying judgment was set aside in appeal. Costs made easy.
Law Points
- Contempt proceedings become infructuous when the underlying judgment is set aside in appeal
- Contempt of Courts Act
- 1971
- Section 11
- Section 12
- Article 215 of Constitution of India
