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2006 (1) TMI 646

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..... or invoke jurisdiction of the appellate court. Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong, the order has to be obeyed. Flouting an order of the court would render the party liable for contempt. While dealing with an application for contempt the court cannot traverse beyond the order, non-compliance with which is alleged. In other words, it cannot say what should not have been done or what should have been done. It cannot traverse beyond the order. It cannot test correctness or otherwise of the order or give additional direction or delete any direction. That would be exercising review jurisdiction while dealing with an application for initiation of contempt proceedings. The same would be imper .....

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..... said that the action of the respondents in the contempt proceedings, i.e. the present appellant, was, in any manner, contemptuous or disrespectful. Having said that, certain further directions were given. The directions given form the subject matter of challenge in this appeal. According to Mr. Vikas Singh, learned Addl. Solicitor General, after having held that there was no contempt involved, further directions given have no sanctity in law. The order, however, is supported by the learned counsel appearing for the respondent. 2. While dealing with an application for contempt, the court is really concerned with the question whether the earlier decision which has received its finality had been complied with or not. It would not be permissibl .....

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..... , the views expressed in T.R. Dhananjaya v. J. Vasudevan, [1995] 5 SCC 619 need to be noted. It was held that when the claim inter se had been adjudicated and had attained finality, it is not open to the respondent to go behind the orders and truncate the effect thereof by hovering over the rules to get around the result, to legitimise legal alibi to circumvent the order passed by a court. 4. In Mohd. Iqbal Khanday v. Abdul Majid Rather, [1994] 4 SCC 34, it was held that if a party is aggrieved by the order, he should take prompt steps to invoke appellate proceedings and cannot ignore the order and plead about the difficulties of implementation at the time contempt proceedings are initiated. 5. If any party concerned is aggrieved by the ord .....

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