AMIT KUMAR DAS, JOINT SECRETARY, BAITANIK, A REGISTERED SOCIETY versus SHRIMATI HUTHEESINGH TAGORE CHARITABLE TRUST

Citation: [2024] 1 S.C.R. 1090 · Decided: 30-01-2024 · Supreme Court of India · Bench: ANIRUDDHA BOSE, SANJAY KUMAR · Disposal: Case Partly allowed

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Judgment (excerpt)

* Author
[2024] 1 S.C.R. 1090 : 2024 INSC 73
Amit Kumar Das, Joint Secretary, Baitanik, 
A Registered Society 
v. 
Shrimati Hutheesingh Tagore Charitable Trust
(Civil Appeal No. 1405-1406 of 2024)
30 January 2024
[Aniruddha Bose And Sanjay Kumar*, JJ.]
Issue for Consideration
Scope and extent of the contempt jurisdiction exercised by a High 
Court under Article 215 of the Constitution of India read with the 
provisions of the Contempt of Courts Act, 1971.
Headnotes
Contempt – Constitution of India – Article 215 – Contempt of 
Courts Act, 1971 – Exercise of contempt jurisdiction by High 
Court – Scope – Suit filed by Trust against Society, decreed 
by Trial Court directing delivery of possession of the suit 
premises to the Trust – Execution proceedings initiated by the 
Trust– In appeal by Society, order passed staying execution 
proceedings – Contempt proceedings initiatiated by the Trust 
alleging violation of the condition set out in the stay order 
stating that the Society had resorted to letting out the suit 
premises – High Court found the contemnor-appellant guilty 
of willfully violating the status quo condition in the stay order 
however, instead of initiating contempt proceedings, it vacated 
the stay order passed in the appeal in exercise of contempt 
jurisdiction – Propriety:
Held: Directions which are explicit in the judgment or ‘are plainly 
self-evident’ can be taken into account for the purpose of considering 
whether there is any disobedience or willful violation – Court has 
a duty to issue appropriate directions for remedying or rectifying 
the things done in violation of the Court order and in that regard, 
the Court may even take restitutive measures at any stage of the 
proceedings – In addition to punishing a contemnor for disobeying 
its orders, the Court can also ensure that such a contemnor does 
not continue to enjoy the benefits of his disobedience by merely 
suffering the punishment meted out to him – In the present case, 
vacating of the stay order in the appeal by the High Court in 
[2024] 1 S.C.R. 
1091
Amit Kumar Das, Joint Secretary, Baitanik, A Registered Society v. 
Shrimati Hutheesingh Tagore Charitable Trust
exercise of contempt jurisdiction did not assume either a restitutive 
or a remedying character – Violation of the status quo condition in 
the stay order stood complete, even as per the High Court, and 
vacating of the stay order did not have the effect of restoring the 
parties to their original position or deny the contemnor the benefit 
of the disobedience which already stood concluded – Violation of 
a conditional stay order would entail vacating thereof in a properly 
constituted proceeding – High Court erred by resorting to such a 
step while exercising contempt jurisdiction – The concluded act in 
violation of the status quo order in relation to possession of the suit 
premises amounted to ‘civil contempt’ u/s.2(b) of the Contempt of 
Courts Act and warranted appropriate consequences – However, 
without taking recourse to such a step, the High Court thought it fit 
to vacate the stay order in the appeal so as to enable the Trust to 
execute the decree – This action of the High Court transgressed 
the scope and extent of its contempt jurisdiction and cannot be 
sustained – Impugned order set aside to that extent – However, 
as the High Court desisted from exercising contempt jurisdiction, 
despite finding the contemnor guilty of willfully violating the status 
quo condition in the stay order, matter remanded to the High Court 
for continuing with that exercise. [Paras 14-17]
Case Law Cited
Sudhir Vasudeva vs. M.George Ravishekaran [2014] 4 
SCR 27 : (2014) 3 SCC 373; Baranagore Jute Factory 
PLC. Mazdoor Sangh (BMS) vs. Baranagore Jute 
Factory PLC [2017] 4 SCR 700 : (2017) 5 SCC 506; 
Delhi Development Authority vs. Skipper Construction 
Co. (P) Ltd. [1996] 2 Suppl. SCR 295 : (1996) 4 SCC 
622; Mohammad Idris vs. Rustam Jehangir Babuji [1985] 
1 SCR 598 : (1984) 4 SCC 216 – relied on.
List of Acts
Constitution of India; Contempt of Courts Act, 1971.
List of Keywords
Contempt; Contempt jurisdiction of High Court;  Execution 
proceedings stayed; Contemnor guilty; Willful violation 
of status quo condition; Disobedience or willful violation; 
Restitutive measures; Remedying character; Stay order 
vacated;  Benefit of the disobedience; Restoring parties to 
their original position; Civil contempt.
1092
[2024] 1 S.C.R.
SUPREME COURT REPORT: DIGITAL
Case Arising From
CIVI

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