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Supreme Court of India 2020-05-06 disposed

Hukum Chand Deswal vs Satish Raj Deswal

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

In this contempt of court case, the Supreme Court examined whether the respondent willfully disobeyed its order dated 22 February 2019 by: (1) failing to file an undertaking; (2) failing to pay outstanding dues before vacating suit premises; and (3) causing damage during vacation. The Court held that contempt requires proof beyond reasonable doubt of intentional, calculated disobedience. Finding the respondent's explanations credible and the High Court's prior order leaving liability determination to execution proceedings, the Court discharged the show cause notice and relegated the parties to pursue their claims in execution proceedings. The Court authorized retention of security deposit with conditions for withdrawal.

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Contempt of Court Civil Contempt Willful Disobedience Court Orders Settlement Agreements Execution of Decrees

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