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.