TITLE: Smt. Manorama Kuchhal And Another vs. Brijesh Narain Singh D.M./Collector NIC Dist. Center And 6 Ors
Dated:
CONTEMPT APPLICATION (CIVIL) No. – 2339 of 2017
CORAM: Hon’ble Rohit Ranjan Agarwal,J
Introduction.
The Allahabad High Court ruled that the court cannot make factual determinations in contempt proceedings when it dismissed the contempt case against Gautam Budh Nagar, the CEO of the New Okhla Industrial Development Authority (NOIDA) and District Magistrate.
Analysis.
The Court concluded that “this Court while exercising contempt jurisdiction cannot decide the disputed question of facts” citing the Supreme Court’s ruling in Dr. U.N. Bora, Ex. Chief Executive Officer and others v. Assam Roller Flour Mills Association and another.
The Court determined that “there is no deliberate disobedience of the order of writ Court as contemplated under Section 2(b) of the Contempt of Courts Act, 1971 so as to invite the wrath of this Court for punishing the opposite party for not complying with the orders of writ Court.”
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Written by- Varada Hawaldar
