TMI Blog1989 (3) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... contempt or issuance of a Rule against the wrongdoer? 2. Before disposing the question the facts of the case need to be narrated. It appears that the petitioner by way of writ petition No. 1379/88 challenged the selection of MD Course by Sheri-Kashmir Institute of Medical Science, Soura, Srinagar, for Session 1988-89 and while disposing the CMP No. 4056 of 1988 filed along with the writ petition, the petitioner was granted provisional admission to the MD Course to be quoted in brief in these words: We, therefore, allow this CMP and order that the petitioner shall be admitted to MD (Medicines) provisionally at his own risk and responsibility and subject to the outcome of the writ petition, in Sheri-Kashmir Institute of Medical Scie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposal before the Superior Court. 4. We have heard learned Counsel for the parties. 5. Mr. Khan, Chief Advocate, for the respondent No. 1 reiterating the objection raised argued that the respondent No. 1 has statutory right to file an appeal against the order sought to be implemented and in fact, has filed a S.L.P. before the Supreme Court against the order, therefore, contempt proceedings cannot be initiated rather rule issued against the respondent, as the limitation period for appeal is neither exhausted nor the pending appeal is disposed, thus, before the limitation period for filing the appeal is exhausted contempt proceedings cannot be entertained. Mr. Khan, CCA in support of his argument referred to AIR 1975 AH 213. 6. Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irstly, a certain period for compliance has been specified and within that period no contempt proceedings will lie. Secondly, when after the service of order the party has obtained stay from the appellate forum. Thirdly, on motion by the party time is granted by the Court for execution of the order which passed the same. No other circumstances apparently can be made available to a party against whom the order has been passed to sleep over the execution of the order or flout its execution. Mere pendency of appeal before the appellate Court against the order will not absolve the party not to comply the order and if he so does, it will be on his own risk without any legal justification and the provisions of appeal even if availed without any s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eding before a Court to comply with the orders of the Court and if he has any grievance against the order he is free to file appeal or to make application before that Court for modification or discharge of the same, but unless that order is stayed, varied or modified the party concerned has no justification to flout the order of the Court. Thus, a mere filing of the appeal under Article 136 of the Constitution before the Supreme Court against any order of the High Court cannot be a justification for disobedience or non-compliance of the orders of the High Court. Of course the position would be different if the Supreme Court takes cognizance of appeal and passes any positive order of stay. 9. To the same effect are the observations made b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Khan, CGA, in support of his argument on AIR1960Cal454 will not hold good for the reason time limit having been prescribed under Section 82, CPC for execution of a decree which aspect of the matter had come under discussion in reference to contempt proceedings within the execution period. 13. For the reasons given and observations made, the question framed gets settled and we hold that there is no bar to entertain contempt proceedings or issue Rule during limitation period provided for appeal or even if the appeal against the order is filed and stay is not obtained. 14. We answer the reference, formulated in the form of question, accordingly. 15. The contempt petitions will come up for further orders before the Court early. S. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
