NOOR SABA versus ANOOP MISHRA & ANR.

NOOR SABA versus ANOOP MISHRA & ANR.

No case of commission of contempt is made out since compliance with the Court's orders has been demonstrated on record and the dispute raised by the petitioner regarding the last pay drawn is a contested question of fact, not suitable for summary contempt jurisdiction.

Parties
Petitioner: Noor Saba; Respondent: Anoop Mishra; Respondent: Accountant General, U.P.
Jurisdiction
India
Judgment Date
02 September 2013
Procedural Posture
Contempt Petition / Final Disposal
Outcome
Contempt petition dismissed; connected contempt petitions closed
Legal Topics
Non Compliance With Court Order, Family Pension, Wilful Disobedience, Summary Jurisdiction
Constitutional Law Contempt of Court Pension Law Non Compliance With Court Order Family Pension Wilful Disobedience Summary Jurisdiction

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Parties

Noor Saba

Petitioner

Anoop Mishra

Respondent

Accountant General, U.P.

Respondent

Procedural Posture

Contempt Petition / Final Disposal

Legal Issues

  1. 1 Whether the respondents wilfully disobeyed the orders of the Supreme Court regarding family pension payment
  2. 2 Whether the dispute regarding the last pay drawn constitutes contempt of court

Ratio Decidendi

No case of commission of contempt is made out since compliance with the Court's orders has been demonstrated on record and the dispute raised by the petitioner regarding the last pay drawn is a contested question of fact, not suitable for summary contempt jurisdiction.

Court Disposition

Contempt petition dismissed; connected contempt petitions closed

Orders

  • Contempt Petition No. 3/2012 dismissed
  • Contempt Petition Nos. 6/2009 and 7/2009 stand closed