Case Note & Summary
The High Court of Karnataka at Bengaluru initiated suo moto civil contempt proceedings against Sri Periya Swamy, Regional Manager of Oriental Insurance Company Ltd., for allegedly disobeying an order dated 19.03.2015 passed by the same Court in MFA Nos.10536/2012, 10537/2012 and 10538/2012. The background involves three motor accident claim petitions (MVC 1312/2008, MVC 1313/2008, MVC 1314/2008) filed under Sections 163A and 166 of the Motor Vehicles Act, 1988, arising from a single accident. These claims were clubbed and disposed of by a common order dated 20.07.2012. The contempt petition was filed as per the order dated 06.10.2015 passed on I.A.1/12 in the aforesaid MFAs. The court, after considering the brief facts, issued notice to the accused to show cause why contempt proceedings should not be initiated against him for willful disobedience of the court's order. The matter was listed for orders on 29.02.2016.
Headnote
A) Contempt of Court - Disobedience of Court Order - Sections 11, 12 Contempt of Courts Act, 1971 r/w Article 215 Constitution of India - Suo moto contempt proceedings initiated against Regional Manager of Oriental Insurance Company Ltd. for non-compliance of order dated 19.03.2015 in MFA Nos.10536/2012, 10537/2012 and 10538/2012 - Court examined whether the accused had willfully disobeyed the order - Held that the matter requires further consideration and notice to be issued to the accused (Paras 1-3).
Issue of Consideration
Whether the accused Regional Manager of Oriental Insurance Company Ltd. is guilty of contempt for disobeying the order dated 19.03.2015 passed by this Court in MFA Nos.10536/2012, 10537/2012 and 10538/2012.
Final Decision
Notice issued to the accused to show cause why contempt proceedings should not be initiated against him. Matter adjourned for further consideration.
Law Points
- Contempt of Courts Act
- 1971
- Sections 11 and 12
- Article 215 of Constitution of India
- Disobedience of court order
- Suo moto contempt
Case Details
2016 LawText (KAR) (02) 11
High Court of Karnataka, represented by its Registrar General
Sri Periya Swamy, Oriental Insurance Company Ltd., represented by its Regional Manager
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Nature of Litigation
Suo moto civil contempt proceedings for disobedience of court order.
Remedy Sought
To punish the accused for disobeying the order dated 19.03.2015 passed in MFA Nos.10536/2012, 10537/2012 and 10538/2012.
Filing Reason
Non-compliance of the order dated 19.03.2015 by the accused Regional Manager.
Previous Decisions
Common order dated 20.07.2012 in MVC 1312/2008, MVC 1313/2008 and MVC 1314/2008; order dated 19.03.2015 in MFA Nos.10536/2012, 10537/2012 and 10538/2012; order dated 06.10.2015 on I.A.1/12 in the aforesaid MFAs directing filing of contempt petition.
Issues
Whether the accused is guilty of contempt for willful disobedience of the order dated 19.03.2015.
Ratio Decidendi
The court found prima facie case of disobedience of its order and issued notice to the accused to show cause, indicating that willful disobedience of a court order amounts to contempt under the Contempt of Courts Act, 1971.
Judgment Excerpts
This is a suo moto contempt proceedings initiated by High Court of Karnataka against accused to take action against Regional Manager with regard to disobeying the order dated 19.03.2015 passed in MFA 10536/2012, MFA 10537/2012 and MFA 10538/2012 and punish the accused herein in accordance with law in the ends of justice.
Procedural History
The claim petitions (MVC 1312/2008, MVC 1313/2008, MVC 1314/2008) were filed under Sections 163A and 166 of the Motor Vehicles Act, 1988, arising from a single accident. They were clubbed and disposed of by common order dated 20.07.2012. Appeals were filed being MFA Nos.10536/2012, 10537/2012 and 10538/2012, which were disposed of by order dated 19.03.2015. Subsequently, on I.A.1/12 in the MFAs, this Court passed an order dated 06.10.2015 directing filing of a contempt petition. Accordingly, the Registrar General filed the present suo moto contempt petition on 29.02.2016.
Acts & Sections
- Contempt of Courts Act, 1971: 11, 12
- Constitution of India: 215
- Motor Vehicles Act, 1988: 163A, 166
