Assuming that a wrong order is passed by the Court, that cannot be the basis to assume that the same has been passed by the learned Judge deliberately or has indulged in malpractice
Assuming that a wrong order is passed by the Court, that cannot be the basis to assume that the same has been passed by the learned Judge deliberately or has indulged in malpractice. Notably, the affidavit filed by the contemners in response to the show-cause notice is not in the form prescribed by the Appellate Side Rules. It is not duly verified. In that view, the affidavit filed by the contemners will have to be discarded in toto.
Bombay High Court
High Court On Its Own Motion vs Shri Dattatray Narayan Samant on 3 June, 2011
Bench: A.M. Khanwilkar, P. D. Kode