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1976 (3) TMI 248 - SC - Indian Laws

Issues:
Contempt of Court - Violation of court order and undertakings.

Analysis:
The judgment pertains to an appeal under Section 19(1)(b) of the Contempt of Courts' Act, 1971, where the defendant was convicted for deliberately violating an order obtained from the High Court of Gujarat. The defendant had given solemn undertakings to vacate the suit premises and clear arrears of mesne profits. The defendant also undertook not to part with possession until receiving notice from the plaintiffs. Despite receiving the notice, the defendant failed to comply with the undertakings. The High Court found that the defendant had violated express undertakings given to the court, leading to contempt proceedings. The defendant's counsel argued that it was a mere agreement between parties, but the court held that it was a case of express undertakings to the court. The defendant's lack of regret or apology further indicated a deliberate flouting of the undertakings.

Moreover, the court referenced Halsbury's Law of England, stating that an undertaking given to the court carries the same force as an injunction, and a breach constitutes contempt. The court concluded that the deliberate violation of the undertaking was akin to breaching an injunction. Therefore, the Supreme Court affirmed the High Court's judgment, upholding the conviction of the defendant and sentencing him to three months' imprisonment in civil jail. The court dismissed the appeal with costs, finding agreement with the High Court's decision.

 

 

 

 

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