Case Note & Summary
The High Court of Karnataka, Dharwad Bench, initiated suo motu contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, against three accused: Mrs. Meena M Dongre, Mr. Vicky, and Shri D.A. Kamble (City Survey Officer, Belagavi). The contempt petition was registered pursuant to an order passed by a learned Single Judge in RFA No.4095/2013 on 07.12.2015, for alleged disobedience of a status quo order dated 03.06.2013, which was subsequently extended by orders dated 01.07.2013 and 31.07.2013. The RFA was filed by the plaintiff, Sadiq S/o Bas, against the defendants. The court noted that the status quo order required the parties to maintain the existing position as on the date of the order. The complainant, the High Court of Karnataka represented by the Registrar General, alleged that the accused had violated this order. The court, after hearing the Government Advocate and advocates for the accused, issued notice to the accused to show cause why they should not be punished for contempt. The matter was posted for further orders.
Headnote
A) Contempt of Court - Wilful Disobedience - Status Quo Order - Sections 11, 12 of Contempt of Courts Act, 1971 read with Article 215 of Constitution of India - The High Court initiated suo motu contempt proceedings against three accused for allegedly violating a status quo order passed in a Regular First Appeal. The court examined whether the actions of the accused amounted to wilful disobedience of the court's order. Held that the matter required further examination and issued notice to the accused to show cause why they should not be punished for contempt. (Paras 1-3)
Issue of Consideration
Whether the accused persons have wilfully disobeyed the status quo order dated 03.06.2013 passed by the learned Single Judge in RFA No.4095/2013, thereby committing contempt of court.
Final Decision
The court issued notice to the accused to show cause why they should not be punished for contempt and posted the matter for further orders.
Law Points
- Contempt of Courts Act
- 1971
- Sections 11 and 12
- Article 215 of Constitution of India
- Suo Motu Contempt
- Disobedience of Court Order
- Status Quo Order
