Contempt of Court – Contempt petition – Maintainability of – On facts, allegation of violation of injunction order – Application by respondent for initiating contempt – Dismissal of the application by the trial court holding that there was no contempt – High Court held that Sub-Judge assumed a jurisdiction, not vested in it under law – On appeal, held: Though an application for contempt was filed before the trial court, it was, in fact, a petition for taking action u/Or. XXXIX, r.2A of the 1977 Act – It is not a case for initiating contempt on the face of it – These are two different jurisdictions, which has been clarified by the High Court – Application filed by the respondent for initiating contempt to be treated as an application for taking action u/Or. XXXIX, r. 2A of the 1977 Act – Jammu and Kashmir Code of Civil Procedure Act, 1977 – Or. XXXIX, r. 2A Disposing of the appeal, the Court
HELD: 1.1 Though an application for contempt was filed before the trial court, it was, in fact, a petition for taking action under Order XXXIX Rule 2A of Jammu and Kashmir Code of Civil Procedure Act, 1977. It is not a case for initiating contempt on the face of it. These are two different jurisdictions. That is all that has been clarified by the High Court. It is directed that the application filed by the respondent for initiating contempt would be treated as an application for taking action under Order XXXIX Rule 2A of the 1977 Act. The trial court would first see whether there is any disobedience of the order of injunction and in case there is a finding of disobedience, the rest u/Or. XXXIX r. 2A alone shall follow.[Para 7][495-F-H; 496-A]
1.2 The submission made by the appellants regarding separate contracts and pending application under Section 8 of the Jammu and Kashmir Arbitration Act etc. are open to the appellants to canvas before the trial court at the appropriate stage. Being a matter pending since long, the trial court is directed to decide the application expeditiously. [Para 8][496-B-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.