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september 2011

Supreme Court of India · 2011-09-23

KANWAR SINGH SAINI vs HIGH COURT OF DELHI

Citation / case number
SC 2009/28280
Court
Supreme Court of India
Petitioner
KANWAR SINGH SAINI
Respondent
HIGH COURT OF DELHI
Author
B.S. Chauhan
Bench
B.S. CHAUHAN P. SATHASIVAM

Judgment text excerpt

The Supreme Court emphasized that liberty, a fundamental right, cannot be compromised without adhering to legal procedures, as outlined in the Contempt of Courts Act, 1971. The Court found that the appellant was convicted for contempt for violating an undertaking given to the civil court, which was not properly adjudicated as per the required legal standards. The Court held that the conviction and four-month imprisonment were unjustified due to procedural lapses in the contempt proceedings, leading to the appeal being allowed.

KANWAR SINGH SAINI vs HIGH COURT OF DELHI · Niyam