9911796707
TMI Blog2002 (1) TMI 1327X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the contentions raised, may be stated thus: The appellant, who was the chairman of the Municipal Board of Moradabad during the relevant period, received the notice issued by the district magistrate for convening a meeting of the municipal board on 4.6.1990 to discuss the no-confidence motion against the appellant. He filed writ petition No. 15963 of 1990 seeking quashing of the said notice. Therein, he prayed for a direction to the respondents not to hold the meeting on the scheduled date. The matter relating to the prayer for interim order was heard on 1st June, 1990 and order was reserved. The meeting of the board was held on 4.6.1990 as schedule and the no-confidence motion was carried by majority and a resolution was passed remo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tay order. Between 9.6.1990 and 17.7.1990 when the aforementioned order directing the appellant not to sanction or pass orders regarding financial matters exceeding ₹ 1,000/- remained operative, the appellant signed/counter-signed several cheques each for a sum of more than rupees one thousand; the total amount of such cheques was about thirty four lacs of rupees. Stating the facts as above, an application was filed in the High Court for initiating a proceeding for civil contempt against the appellant alleging that he had wilfully and deliberately violated the order passed by the court on 8.6.1990 in C.M.W.P No. 15963/ 90. 4. The appellant in his reply took the stand, inter alia, that he was misguided by the legal advice given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counter-signing the cheques, he had not sanctioned the amount stated therein but had only approved the sanction order passed by the executive officer of the board The High Court rejected and in our view, rightly, the said contention. It is relevant to state here that while considering the question of disobedience or otherwise of an order passed in a pending case not only the letter of the order but also the spirit, is to be understood and the plea of bona fide / genuine belief taken by the contemnor is to be considered on that basis. The High Court after rejecting the contentions raised on behalf of the contemnor did not feel persuaded to accept the unconditional apology tendered by him. 6. On consideration of the facts and circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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