Supreme Court of India

Noorali Babul Thanewala v. K.M.M. Shetty and Ors.

Neutral citation
Bench S. Mukharji and V. Ramaswami JJ.
Decided 20 December 1989

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

In the foregoing circumstances, we find the first respondent guilty of committing contempt by wilful disobedience of the undertaking given by him in this Court and accordingly we convict him and sentence him to pay a fine of Rs.500 within the period of four weeks, failing which he shall suffer simple imprisonment for one month, and also direct him to deliver vacant possession of the premises forthwith to the petitioner to the extent possible by him. We further direct the District Magistrate, Thane, to evict all those who are in physical possession of the property including the 2nd respondent and his men and if necessary with police help and give vacant possession of the premises to the petitioner forthwith. However, we discharge the rule issued against the second respondent.

Judgment, pp. 568H-569

From the headnote

Contempt of Courts Act, 1961: Breach of Injunction or undertaking given to Court-Misconduct amounting to contempt-Punishment by imprisonment of fine. The Petitioner-landlord filed a suit No. 213 of 1970 for eviction against the first respondent and four others in the court of Civil Judge, Senior Division, Thane. The suit was decreed by the Trial Court. The first respondent alone filed an appeal before the District Court.…

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