9911796707
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Issues Involved:
1. Alleged violation of interim orders by the respondents. 2. Whether the respondents' actions constituted 'civil contempt'. 3. The validity of the sale and transfer of property during the interim orders. 4. The appropriateness of the respondents' defense and apology. 5. The suitable punishment for the respondents if found guilty of contempt. Detailed Analysis: 1. Alleged Violation of Interim Orders by the Respondents: The petitioners filed contempt petitions against the respondents for allegedly violating orders passed by the Supreme Court on April 26, 2004, and January 10, 2005. The orders restrained the respondents from transferring or dealing with the disputed property. Despite these orders, the respondents executed agreements, accepted payments, and sold the property without notifying the petitioners, thereby allegedly committing willful disobedience and intentional violation of the Court's orders. 2. Whether the Respondents' Actions Constituted 'Civil Contempt': The Court examined whether the respondents' actions amounted to 'civil contempt' under Section 2(b) of the Contempt of Courts Act, 1971, which defines civil contempt as willful disobedience to any judgment, decree, direction, order, writ, or other processes of a court. The Court found that the respondents had indeed violated the interim orders by entering into agreements, accepting payments, and transferring the property without notice to the petitioners. The Court emphasized that the orders were clear, and the respondents' actions were in direct contravention of those orders. 3. The Validity of the Sale and Transfer of Property During the Interim Orders: The respondents argued that the transactions were related to part 'B' of the property, which was not under dispute, and that some transactions were completed after the interim orders were vacated. However, the Court found this defense to be an afterthought and unsupported by evidence. The Court noted that the sale deeds did not distinguish between parts 'A' and 'B' of the property and that the respondents had made unequivocal statements in the sale deeds about their clear and marketable title, despite the ongoing litigation. 4. The Appropriateness of the Respondents' Defense and Apology: The respondents tendered an unconditional apology, arguing that any breach was unintentional and that they had acted in good faith. The Court, however, found the apology to be insincere and a tactical move to avoid punishment. The Court held that the apology lacked genuine contrition and was not offered at the earliest opportunity. The Court emphasized that an apology should be a sincere act of regret and not a mere formality to escape consequences. 5. The Suitable Punishment for the Respondents if Found Guilty of Contempt: The Court referred to several legal provisions and precedents to determine the appropriate punishment for contempt. The Court concluded that the respondents' willful and deliberate disobedience of the Court's orders warranted a strict response to uphold the dignity of the judiciary and the rule of law. The Court ordered the respondents to undergo simple imprisonment for a term of two weeks (fourteen days) under Section 12 of the Contempt of Courts Act, 1971, read with Section 94(c) and Rule 2-A of Order XXXIX of the Code of Civil Procedure, 1908, and Article 129 of the Constitution. Conclusion: The Supreme Court found the respondents guilty of civil contempt for willfully disobeying its interim orders by transferring the disputed property without notice to the petitioners. The respondents' defense and apology were deemed insincere and insufficient to mitigate their actions. Consequently, the Court imposed a punishment of two weeks' simple imprisonment to maintain the authority of the judiciary and ensure compliance with its orders.
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