PARENTS ASSOCIATION OF STUDENTS versus M.A. KHAN AND ANOTHER

PARENTS ASSOCIATION OF STUDENTS versus M.A. KHAN AND ANOTHER

The controversy regarding maintainability of appeal under Section 19 of the Contempt of Courts Act, 1971 vis-a-vis Special Appeal under Letters Patent of the High Court is pending before a larger Bench and thus need not be decided by this Bench. It was held that if a person was not party to a lis and no direction was issued against him, a contempt petition against him would not lie. The Single Judge of the High Court issued notice and passed an interim order affecting respondent No.1 without addressing this issue. In view of subsequent events, notably the pendency of a related writ petition, it would not be fair to allow the interim order to continue; both Single Judge and Division Bench...

Parties
Appellant: Parents Association of Students; Respondent No.1: M.A. Khan; Respondent No.2: Secretary, Medical Education, Government of U.P.
Jurisdiction
India
Judgment Date
16 December 2008
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal disposed of; orders of Single Judge and Division Bench quashed.
Legal Topics
Maintainability of Appeals Under Contempt of Courts Act, 1971, Professional Education, Fee Fixation, Letters Patent of High Court
Contempt of Court Education Law Maintainability of Appeals Under Contempt of Courts Act, 1971 Professional Education Fee Fixation Letters Patent of High Court

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Parties

Parents Association of Students

Appellant

M.A. Khan

Respondent No.1

Secretary, Medical Education, Government of U.P.

Respondent No.2

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether a Special Appeal from an interim order passed by the court in exercise of its contempt jurisdiction is maintainable
  2. 2 Whether a contempt petition can be initiated against a person not party to the original writ petition

Ratio Decidendi

The controversy regarding maintainability of appeal under Section 19 of the Contempt of Courts Act, 1971 vis-a-vis Special Appeal under Letters Patent of the High Court is pending before a larger Bench and thus need not be decided by this Bench. It was held that if a person was not party to a lis and no direction was issued against him, a contempt petition against him would not lie. The Single Judge of the High Court issued notice and passed an interim order affecting respondent No.1 without addressing this issue. In view of subsequent events, notably the pendency of a related writ petition, it would not be fair to allow the interim order to continue; both Single Judge and Division Bench...

Court Disposition

Appeal disposed of; orders of Single Judge and Division Bench quashed.

Orders

  • Quashing both the Single Judge's and Division Bench's orders.
  • Learned Single Judge is requested to consider the merit of contempt matter only after disposal of the said writ petition pending before High Court.