RAMA NARANG versus RAMESH NARANG AND ANR.

RAMA NARANG versus RAMESH NARANG AND ANR.

A violation of the terms of a consent order incorporated in the Supreme Court's decree constitutes civil contempt under section 2(b) of the Contempt of Courts Act, 1971, regardless of whether there is an express undertaking; the Court's jurisdiction in contempt is not ousted merely because the decree is executable or arises from consent.

Parties
Petitioner: Rama Narang; Respondent: Ramesh Narang; Respondent: Rajesh Narang
Jurisdiction
India
Judgment Date
12 April 2006
Procedural Posture
Contempt Petition (civil) / Determination of Maintainability of Contempt Petition; Preliminary Objection Addressed
Outcome
Preliminary objection to maintainability of contempt petition dismissed; contempt petition to be decided on merits
Legal Topics
Consent Orders, Civil Contempt, Enforceability of Consent Decrees, Jurisdiction Under Contempt of Courts Act
Civil Procedure Contempt of Court Consent Orders Civil Contempt Enforceability of Consent Decrees Jurisdiction Under Contempt of Courts Act

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Parties

Rama Narang

Petitioner

Ramesh Narang

Respondent

Rajesh Narang

Respondent

Procedural Posture

Contempt Petition (civil) / Determination of Maintainability of Contempt Petition; Preliminary Objection Addressed

Legal Issues

  1. 1 Whether violation of consent decree/order passed by the Supreme Court constitutes civil contempt under Contempt of Courts Act, 1971, section 2(b)
  2. 2 Whether contempt proceedings are maintainable in absence of an explicit undertaking or injunction in a consent order

Ratio Decidendi

A violation of the terms of a consent order incorporated in the Supreme Court's decree constitutes civil contempt under section 2(b) of the Contempt of Courts Act, 1971, regardless of whether there is an express undertaking; the Court's jurisdiction in contempt is not ousted merely because the decree is executable or arises from consent.

Court Disposition

Preliminary objection to maintainability of contempt petition dismissed; contempt petition to be decided on merits

Orders

  • Contempt Petition to be listed for hearing on merits
  • Costs of this petition will be costs in the contempt petition