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december 1989

Supreme Court of India · 1989-12-20

NOORALI BABUL THANEWALA vs K.M.M. SHETTY AND ORS.

Citation / case number
SC 1989/72617
Court
Supreme Court of India
Petitioner
NOORALI BABUL THANEWALA
Respondent
K.M.M. SHETTY AND ORS.
Author
V. II RAMASWAMI
Bench
V. II RAMASWAMI

Judgment text excerpt

The Supreme Court held that a breach of an injunction or undertaking given to the Court constitutes misconduct amounting to contempt under the Contempt of Courts Act, 1961. The Court emphasized that when an undertaking is accepted and an order is passed based on it, it effectively acts as an injunction restraining the party from breaching it. The Court found the first respondent guilty of contempt for willfully disobeying the undertaking, allowing the petitioner to execute the eviction decree against all persons in possession of the property.

NOORALI BABUL THANEWALA vs K.M.M. SHETTY AND ORS. · Niyam