C. ELUMALAI & ORS. versus A.G.L. IRUDAYARAJ & ANR.

C. ELUMALAI & ORS. versus A.G.L. IRUDAYARAJ & ANR.

There was wilful and deliberate violation of the Supreme Court's order by the contemnors, as they created third party rights in clear defiance of the command not to do so. The apologies offered were not genuine but were attempts at evasion, and thus the Court imposed exemplary costs under Article 129 of the Constitution of India.

Parties
Petitioner: C. Elumalai & Ors.; Respondent: A.G.L. Irudayaraj & Anr.
Jurisdiction
India
Judgment Date
20 March 2009
Procedural Posture
Contempt Petition / Final Disposition by Supreme Court
Outcome
Contempt petition allowed.
Legal Topics
Contempt of Court, Disobedience of Court Orders, Apology in Contempt
Constitutional Law Civil Procedure Contempt of Court Disobedience of Court Orders Apology in Contempt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C. Elumalai & Ors.

Petitioner

A.G.L. Irudayaraj & Anr.

Respondent

Procedural Posture

Contempt Petition / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether there was wilful and deliberate violation of the Supreme Court's order by creating third party rights contrary to its direction.
  2. 2 Whether the unconditional apology offered by the contemnors should be accepted.

Ratio Decidendi

There was wilful and deliberate violation of the Supreme Court's order by the contemnors, as they created third party rights in clear defiance of the command not to do so. The apologies offered were not genuine but were attempts at evasion, and thus the Court imposed exemplary costs under Article 129 of the Constitution of India.

Court Disposition

Contempt petition allowed.

Orders

  • Exemplary cost of Rs. 2,00,000/- imposed on each contemnor to be deposited in the registry of the High Court within eight weeks; amount to be transferred to National Legal Services Authority.
  • In default of payment, each contemnor shall undergo simple imprisonment for three months.