Violation of undertaking given before court comes within ‘ci

Contempt of Courts Act, 1971 – Section 2(b) - Whether dismissal of an appeal preferred by the State against the declaration given by the Forest Tribunal, that the property is not a 'private forest' vested with the Government and the failure, if any, on the part of the Government / Department to restore possession, will by itself give rise to a cause of action to proceed against the respondent(s) / State by way of Contempt of Court - Held, Violation of Undertaking given before Court is as bad as violation of any order or direction and it clearly comes within ‘Civil Contempt’. 

Contempt of Courts Act, 1971 – Section 2(b) - Whether non - implementation of the 'Undertaking' given before the Court will constitute an offence of contempt always, irrespective of the circumstances under which such Undertaking was given – Held, before proceeding further, as to whether such violation of the Undertaking would amount to an offence under the Contempt of Courts Act, it has to be ascertained whether, but for giving such Undertaking, the position would have been something else, resulting in any adverse order or direction by the Court. 

Contempt of Courts Act, 1971 – Section 2(b) - Will the non - compliance with the 'Undertaking' give rise to any 'Criminal contempt' - Held, Violation of Undertaking given before Court is clearly comes within ‘Civil Contempt’. But further proceedings can be pursued and punishment can be imposed, only if the disobedience, is willful. 

Contempt of Courts Act, 1971 - Section 20 - Whether initiation of such Suo Motu contempt as per the order dated '30-03-2011' in respect of the alleged breach of Undertaking dated '03-04-2006' is permissible to be pursued further – Held, No Court shall initiate any proceedings of contempt either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. 

Contempt of Courts Act, 1971 – Section 2(b) - If the non - compliance is by virtue of the subsequent developments or by virtue of the operation of law, will it attract the offence of contempt – Held, In a case where compliance is not possible because of compelling circumstances, no punishment can be awarded.

https://www.lawweb.in/2013/05/violation-of-undertaking-given-before.html