JAI KARAN LAL VERMA Vs. RAJESH KUMAR PATHAK

JUDGEMENT

(1.) O. P. Srivastava, J. The above appeals have been filed under Section 19 of the Contempt of Court's Act (in short 'act') against the orders passed by Hon'ble single Judge in contempt proceeding, holding the appellants, prima facie, guilty of contempt and framing charges against them.

(2.) THE respondent has raised preliminary objection regarding maintainability of said appeals under Section 19 of the Act on the ground that appeal under said section is maintainable only against an order imposing punishment for contempt and not against any other order passed in the contempt proceeding. Reliance has been placed on the recent judgment of Hon'ble Supreme Court in Midnapore Peoples' Co- op. Bank Ltd. and others v. Chunilal Nanda and others, AIR 2006 SC 2190.

(3.) THE Midnapore Peoples' Co-op. Bank Ltd. 's case (supra), is latest judgment on the controversy involved in above appeals. It is not disputed by the learned counsel for appellants also that according to the said judgment, the above appeals are not maintainable but the argument as advanced by the learned counsel for appellants is that said judgment of Hon'ble Supreme Court cannot form the precedent because of non-consideration of judgment of larger Bench in Baradakanta Mishra case (supra ). THErefore, the only point for consideration that arises in the above appeals is whether judgment in Baradakanta Mishra case (supra), was taken into consideration in Midnapore Peoples' Co-op. Bank Ltd. 's case (supra), or it suffers from principle of sub silentio.