UNION OF INDIA AND ORS. versus SUBEDAR DEVASSY PY

UNION OF INDIA AND ORS. versus SUBEDAR DEVASSY PY

A court, while exercising contempt jurisdiction, cannot traverse beyond the order non-compliance of which is alleged, nor can it test the correctness of the order or give additional or delate directions. Doing so amounts to exercising review jurisdiction, which is not permissible in contempt proceedings.

Parties
Appellant: Union of India and Others; Respondent: Subedar Dev Assy PY
Jurisdiction
India
Judgment Date
10 January 2006
Procedural Posture
Civil Appeal / Appeal From Order in Contempt Proceedings of the Madhya Pradesh High Court
Outcome
Appeal disposed of.
Legal Topics
Civil Contempt, Jurisdiction of Contempt Proceedings, Compliance With Court Orders
Contempt of Court Civil Contempt Jurisdiction of Contempt Proceedings Compliance With Court Orders

Case Brief

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Parties

Union of India and Others

Appellant

Subedar Dev Assy PY

Respondent

Procedural Posture

Civil Appeal / Appeal From Order in Contempt Proceedings of the Madhya Pradesh High Court

Legal Issues

  1. 1 Whether the High Court, while exercising contempt jurisdiction, can issue further directions after holding that there was no contempt.

Ratio Decidendi

A court, while exercising contempt jurisdiction, cannot traverse beyond the order non-compliance of which is alleged, nor can it test the correctness of the order or give additional or delate directions. Doing so amounts to exercising review jurisdiction, which is not permissible in contempt proceedings.

Court Disposition

Appeal disposed of.

Orders

  • The appeal is disposed of, with no costs.