CHHAGANBHAI NORSHINBHAI versus SONI CHANDUBHAI GORDHANBHAI & ORS.

CHHAGANBHAI NORSHINBHAI versus SONI CHANDUBHAI GORDHANBHAI & ORS.

Deliberate violation of express undertakings given to the court, forming the basis of an order, amounts to misconduct and contempt, regardless of whether the appellant surrendered possession later or characterized the order as merely consensual.

Parties
Appellant: Chhaganbhai Norshinbhai; Respondents: Soni Chandubhai Gordhanbhai & Ors.
Jurisdiction
India
Judgment Date
23 March 1976
Procedural Posture
Civil Appeal / Supreme Court Appeal Under Section 19(1)(b) of the Contempt of Courts Act, 1971
Outcome
Appeal dismissed with costs
Legal Topics
Breach of Undertaking, Consent Order, Contempt Proceedings
Contempt of Court Breach of Undertaking Consent Order Contempt Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Chhaganbhai Norshinbhai

Appellant

Soni Chandubhai Gordhanbhai & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Under Section 19(1)(b) of the Contempt of Courts Act, 1971

Legal Issues

  1. 1 Whether deliberate breach of an express undertaking given to the court amounts to contempt of court
  2. 2 Whether the order in question was a mere consent order or based upon express undertakings to the court

Ratio Decidendi

Deliberate violation of express undertakings given to the court, forming the basis of an order, amounts to misconduct and contempt, regardless of whether the appellant surrendered possession later or characterized the order as merely consensual.

Court Disposition

Appeal dismissed with costs

Orders

  • Judgment and order of the High Court affirmed.
  • Appellant to bear costs.