Mohd. Iqbal Khanday vs Abdul Majid Rather

Hon’ble Supreme Court in regards with Contempt of Court.

Having regard to the above, we have got to balance the dignity of the Court in requiring obedience to its orders as against the performance of an act contrary to rules compelled by the court’s direction.

The law of contempt is based on sound public policy by punishing my conduct which shakes the public confidence in the administration of justice. The order dated 21-9-1992 while directing notice also required the appellant to accord promotion to the respondent as Associate Professor. It requires to be noticed here that is the main prayer in the writ petition itself. in such circumstances, the correctness of such an interim order is open to serious doubt. For a moment, it is not to be understood that the court has no power to pass such an order but the question is whether while granting such interim reliefs the discretion of the court has been correctly exercised? If the writ petition is ultimately dismissed, the respondent would have gained an undue advantage of getting a promotion undeservedly. But we are not on the merits of the interim order.

For More Information Contact Advocate Prakhar Gupta

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