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2021 (10) TMI 1435 - SUPREME COURTWilful disobedience of the order - levy made while upholding Section 21 of the Assam Agricultural Produce Market Act, 1972 - HELD THAT:- The High Court on the earlier occasion while dealing with the challenge made to Section 21 of the Act, made a categorical assertion that it did not wish to go into the disputed questions of fact. However, in the order under challenge it was done. A finding has been given on the documents produced by the Respondent No. 1 which could at best be pieces of evidence to be appreciated by the committee constituted already. It is the specific case of the Appellants that they did not violate the directives of the court. There is no material to either establish their knowledge on the action of their subordinates, or that they acted in collusion with each other. Vicarious liability as a principle cannot be applied to a case of contempt. The question as to whether the drivers of two members of the Respondent No. 1 showed the order passed by the court and the documents produced are true and genuine being in the realm of adjudication, ought not to have been taken up by the High Court while exercising contempt jurisdiction. It is noted that it is the Respondent No. 1 who not being satisfied with the order passed by the High Court, filed the special leave petition. Even in the communications sent apart from the Press Note, it is nowhere stated that the order passed by the court could be violated. It is found that the subsequent developments also shall enure to the benefit of the Appellants. The impugned order is set aside - appeal allowed.
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