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march 2009

Supreme Court of India · 2009-03-20

C.ELUMALAI vs A.G.L. IRUDAYARAJ

Citation / case number
SC 2007/17992
Court
Supreme Court of India
Petitioner
C.ELUMALAI
Respondent
A.G.L. IRUDAYARAJ
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed a contempt petition alleging violation of its order directing the High Court to dispose of a suit within six months and prohibiting the creation of third-party rights. The Court emphasized that an apology offered after the violation is not genuine and cannot absolve the contemnor of liability. It reiterated that the power to punish for contempt is inherent under Article 129 of the Constitution and outlined the consequences of disobedience under Section 94 of the Code of Civil Procedure, 1908, and Rule 2A of Order XXXIX. The Court held that the respondents were liable for contempt due to their actions in violation of the Court's order.

C.ELUMALAI vs A.G.L. IRUDAYARAJ · Niyam