LAWS(KAR)-2011-9-145

RAGHUNATHRAO PATIL S/O. LATE RAMACHANDRA RAO PATIL Vs. SRI. B. BASAPPA, THE MUNICIPAL COMMISSIONER, CITY MUNICIPAL COUNCIL, BIDAR

Decided On September 14, 2011
Raghunathrao Patil S/O. Late Ramachandra Rao Patil Appellant
V/S
Sri. B. Basappa, The Municipal Commissioner, City Municipal Council, Bidar Respondents

JUDGEMENT

(1.) CONTEMPT jurisdiction is essentially meant to uphold the majesty of law; the authority and the efficacy of the judicial system and may be incidental to ensure that the orders passed by this Court are not belittled and disregarded by persons against whom such orders are passed. Mere non -compliance with an order passed by this Court by a person ipso facto will not give cause for initiating proceedings against the person in the contempt jurisdiction, unless, it is demonstrated that non -compliance or disregard of an order is deliberate and intentional and has the effect of bringing down the majesty of law and efficacy of the legal system.

(2.) ORDERS obtained by the individuals for furtherance of their private interest can only be in civil jurisdiction and through the process as recognized by the present legal system.

(3.) THE examination in writ jurisdiction is about the manner in which the State has been exercising its powers and authority, as to whether it is in a statute conforming manner, as to whether it is in conformity with the provisions of the Constitution.