TMI Blog1979 (3) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT 1. This is an appeal under Section 19 of the Contempt of Courts Act (hereinafter called the Act) against an order of the High Court of Bombay convicting the appellants for a Civil Contempt and sentencing them to one month's simple imprisonment. The facts of the case have been fully detailed by the High Court and it is not necessary for us to repeat the same all over again. It appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inant on or before 21.7.1972 with interest as mentioned on the reverse. In view of the undertaking, I permit the compromise and acquit the accused. 2. It is obvious, therefore, that the Court permitted the parties to compound the case only because of the undertaking given by the appellants. 3. Thereafter, it appears , that the undertaking was violated and the amount of loan was not paid to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we fully agree with the High Court. In the circumstances, the appellants undoubtedly committed wilful disobedience of the order of the court by committing a serious breach of the undertaking given to the Court on the basis of which alone, the appellants had been acquitted. For these reasons, the first contention put forward by Mr. Desai, is over-ruled. 5. It is, then, contended that under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A close and careful interpretation of the extracted section leaves no room for doubt that the Legislature intended that a sentence of fine alone should be imposed in normal circumstances. The statute, however, confers special power on the Court to pass a sentence of imprisonment if it think that ends of justice so require. Thus before a Court passes the extreme sentence of imprisonment, it must gi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
