NIAZ MOHAMMAD AND ORS. ETC. ETC. versus STATE OF HARYANA AND ORS.

NIAZ MOHAMMAD AND ORS. ETC. ETC. versus STATE OF HARYANA AND ORS.

Respondents did not commit wilful disobedience in complying with the Supreme Court’s direction to pay arrears to instructors, given compelling financial circumstances and substantial payments already made; contempt proceedings require proof of wilful and intentional disobedience.

Parties
Petitioner: Niaz Mohammad and Ors. etc. etc.; Respondent: State of Haryana and Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
20 September 1994
Procedural Posture
Contempt Petition, Writ Petition (civil), Review Petition / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Equal Pay for Equal Work, Civil Contempt, Directive Principles of State Policy

Case Brief

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Parties

Niaz Mohammad and Ors. etc. etc.

Petitioner

State of Haryana and Ors.

Respondent

Union of India

Respondent

Procedural Posture

Contempt Petition, Writ Petition (civil), Review Petition / Final Judgment

  1. 1 Whether respondents committed civil contempt by not paying arrears to instructors as per Supreme Court's earlier direction
  2. 2 Whether failure to comply with court order was wilful under Contempt of Courts Act, 1971

Ratio Decidendi

Respondents did not commit wilful disobedience in complying with the Supreme Court’s direction to pay arrears to instructors, given compelling financial circumstances and substantial payments already made; contempt proceedings require proof of wilful and intentional disobedience.

Court Disposition

Petitions dismissed

Orders

  • All contempt petitions and associated writ petitions are dismissed.