PUSHPABEN & ANR. versus NARANDAS V. BADIANI & ANR.

PUSHPABEN & ANR. versus NARANDAS V. BADIANI & ANR.

The appellants committed wilful disobedience of the court's order and are guilty of civil contempt, but absent special reasons the appropriate sentence is a fine rather than imprisonment under s. 12(3) of the Contempt of Courts Act.

Parties
Appellant: Pushpaben & Anr.; Respondent: Narandas V. Badiani & Anr.
Jurisdiction
India
Judgment Date
29 March 1979
Procedural Posture
Criminal Appeal / Appeal From High Court Decision in Criminal Application No. 681/72
Outcome
Appeal allowed in part.
Legal Topics
Civil Contempt, Wilful Disobedience, Sentencing Under Contempt of Courts Act
Contempt of Court Criminal Law Civil Contempt Wilful Disobedience Sentencing Under Contempt of Courts Act

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Parties

Pushpaben & Anr.

Appellant

Narandas V. Badiani & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision in Criminal Application No. 681/72

Legal Issues

  1. 1 Whether wilful disobedience of court's order amounts to civil contempt under s. 2(b) of the Contempt of Courts Act.
  2. 2 Whether imprisonment or fine should be awarded for civil contempt under s. 12(3) of the Act.

Ratio Decidendi

The appellants committed wilful disobedience of the court's order and are guilty of civil contempt, but absent special reasons the appropriate sentence is a fine rather than imprisonment under s. 12(3) of the Contempt of Courts Act.

Court Disposition

Appeal allowed in part.

Orders

  • Sentence of imprisonment set aside.
  • Appellants sentenced to pay a fine of Rs. 1000/- each.