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TMI Blog2004 (8) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... ation for initiation of contempt proceedings, has passed the impugned judgment holding that it would not be proper to take any action for contempt. Though learned Single Judge noticed that the scope of consideration while dealing with an application for initiation of contempt proceedings was confined to the question whether there was compliance with the order or not, yet proceeded to examine the correctness of the order and called upon the parties to satisfy him that the direction of the kind contained in the order dated 30.3.1999 could be issued. After an indepth analysis, he came to hold that the directions could not have been given and therefore there was no scope for taking any action for contempt. Learned counsel for the appellant s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indefiniteness in the order, it is for the concerned party to approach the higher Court if according to him the same is not legally tenable. Such a question has necessarily to be agitated before the higher Court. The Court exercising contempt jurisdiction cannot take upon itself power to decide the original proceedings in a manner not dealt with by the Court passing the judgment or order. Though strong reliance was placed by learned counsel for the State of Bihar on a three-Judge Bench decision in Niaz Mohammad and Ors. v. State of Haryana and Ors. (1994 (6) SCC 352), we find that the same has no application to the facts of the present case. In that case the question arose about the impossibility to obey the order. If that was the stand of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble nor feasible, it should always either approach to the Court that passed the order or invoke jurisdiction of the Appellate Court. Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong the order has to be obeyed. Flouting an order of the Court would render the party liable for contempt. While dealing with an application for contempt the Court cannot traverse beyond the order, non-compliance of which is alleged. In other words, it cannot say what should not have been done or what should have been done. It cannot traverse beyond the order. It cannot test correctness or otherwise of the order or give additional direction or delete any direction. That would be exercising review jurisdiction while dealing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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