Supreme Court of India · 1979-03-29
PUSHPABEN & ANR. vs NARANDAS V. BADIANI & ANR.
- Citation / case number
- SC 1973/60397
- Court
- Supreme Court of India
- Petitioner
- PUSHPABEN & ANR.
- Respondent
- NARANDAS V. BADIANI & ANR.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court upheld the conviction of the appellants for civil contempt under the Contempt of Courts Act, 1971, specifically citing Section 2(b) for defining civil contempt. The Court established that the appellants' failure to comply with their undertaking to repay a loan constituted wilful disobedience of a court order. However, the Court modified the sentence, emphasizing that under Section 12(3) of the Act, a fine is the usual penalty for civil contempt, and imprisonment should only be imposed when necessary for justice.