New Delhi (PTI): Terming an apology tendered by three persons as a "tactful move," the Supreme Court has sentenced them to 14-day imprisonment in a contempt case linked to a property dispute.
"The so-called apology is not an act of penitence, contrition or regret. It has been tendered as a 'tactful move' when the contemners are in the tight corner and with a view to warding off the court," the bench of Justices C K Thakker and Aftab Alam observed.
Patel Chandrakan Dhulabhai and two others were held guilty of contempt for defying the apex court order restraining them from disposing of a joint-family property in Gujarat.
The interim injunction order was passed by the apex court on April 26, 2004 and a final order was passed restraining the contemners from disposing of the property on January 10, 2005.
But despite the orders the contemners transferred the property to third parties, thus committing willful contempt of the court.
Patel Rajnikant Dhulabhai, one of the aggrieved property claimant filed the contempt petition before the apex court during which contemners tendered an unconditional apology.
But the court rejected the apology and cited a number of earlier judgements to say that such repentance of the contemners was only "an act of a cringing coward."
Friday, July 25, 2008
www.hindu.com
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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Email: adv.kamal.kr.pandey@gmail.com
Email: adv.kamal.kr.pandey@gmail.com
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