My previous query
Arvind Singh Chauhan
(Querist) 12 May 2013
This query is : Resolved
Sir,
Please help me regarding my previous query as posted on-
http://www.lawyersclubindia.com/experts/Order-39-rule-2-a-fate-of-the-suit-254346.asp#.UY_JPEo0v2E
Following the barman Sir's opinion, I carried on the proceeding. In evidence defendant admitted the contempt.
But in later stage court dismissed the proceeding on the basis of Case decided by Uttarakhand HC on 14-03-2012. Which says there is no contempt if main suit is dismissed.
I put case law of SC Samee Khan V/S Bindu Khan decided in 1998. In which SC held if on later stage it is found that court had no jurisdiction to hear the case. But defendant did not followed the TI order. He is guilty of contempt. Contempt is contempt even court had no jurisdiction.
But trial court over looked the case cited by me and dismissed the contempt proceeding on the basis of Uttarakhand HC. I argued that under Article 142 verdict of SC is law of the land and prevail over HC's Judgment. But I got no relief. Please guide me with concerned law and rulings.
THANKS
N.K.Assumi
(Expert) 13 May 2013
Arvind, yeas, if I am not mistaken the Hon'ble Supreme court stated that if the order of the court is set aside, dissobedience does not dissolved or erased, though the rigour of such disobedience may toned down if subsequently the order is set aside. I am also of the view that the cause of action, out of which the disobedience arise, and the act of disobedience of the edict of the court's order are two distinct matters as provided under the Law, which is not for the benefit of any party, but to maintain the dignity of the court. It get erased only as provided by law.
Raj Kumar Makkad
(Expert) 14 May 2013
You need to file an appeal against the impugned judgment as your court is not bound by the verdict of another high court if the verdict of SC is already available on the point.
