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march 1979

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.

PUSHPABEN & ANR. vs NARANDAS V. BADIANI & ANR. · Niyam