G A JOSHI S/O. ANANT RAO JOSHI vs. THE STATE OF KARNATAKA

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CCC/3301/2012HC KarnatakaKAHC02014679201227 May 2013Bench: N.K.PATIL,B.MANOHAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the contempt petition. It reserved liberty for the complainant to revive the petition after the disposal of a pending Special Leave Petition (SLP) before the Supreme Court.

What were the facts?

The complainant filed a contempt petition alleging disobedience of a previous court order. The accused filed a counter-affidavit stating their position.

What were the issues?

Whether the accused have disobeyed the court's order. The pendency of a higher court matter affects the continuation of the contempt proceedings.

Which sections of the Income-tax Act were involved?

Section 12

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DHARWAD DATED THIS THE 27TH DAY OF MAY, 2013 :PRESENT: THE HON’BLE MR. JUSTICE N.K. PATIL AND THE HON’BLE MR. JUSTICE B.MANOHAR C.C.C. No. 3301 of 2012 (Civil) Between: Shri. G.A. Joshi, S/o. Anantrao Joshi, Age: 61 years, Occ: FDA (retd.) JSS Sakri College, Heggri, Hubli-580024, R/o. 102, Rotson Apartment Old Income Tax Building Road, Vidyanagar, Hubli-580 021. ... Complainant (By Sri. B.T. Kulkarni and Sri. Praveenkumar G. Kulkarni, Advocates) And 1. The State of Karnataka, Rep. by its Principal Secretary to Govt., Education Dept., Multistoried building, Belgaum, Rep.by Sri. Rajanesh Goyal

2 2. The Director of Collegiate Education, Commissioner Govt. of Karnataka (TBS SEC) Sheshadri road, Rep.by its Prof. Chikkatimmaiah and Commissioner Sri. S.R. Umashenkar. 3. The Regional Director of Collegiate Education, Office of the Collegiate Education Dept. Dharwad, Rep.by Sri. V.V. Ghorapade S/o. Venkatrao 4. The Accountant General in Karnataka, Govt. of Karnataka, P.B.No.5369, Residency Park road, Bangalore Rep.by Sri. Santosh Daware 5. The Principal, JSS Sakri Law College, Hubli, Rep,.by Smt. Veenha Tonhapi. ... Accused (By Smt. K.Vidyavathi, Addl. Govt. Advocate for A1 to 4 A5 served) This CCC is filed Under Article 215 of the Constitution of India R/W. Sections 11 and 12 of the Contempt of Courts Act, 1971, praying to initiate contempt proceedings against the accused Nos.1 to 5 for disobedience of the order passed in W.P.No.621351/2011 dated:28/03/2012 vide Annexure- A. This CCC coming on for orders this day, N.K.Patil J., made the following :ORDER: In this case, the complainant has prayed to initiate contempt proceedings against the accused for disobedience of the order dated 28/03/2012 passed by this Court in

3 W.P.No.62135/2011 vide Annexure-A in accordance with law in the interest of justice and equity. 2. We have gone through the grounds urged by the complainant in the memorandum of contempt petition and the stand taken by the accused in the counter affidavit dated 13.3.2013. 3. In the light of the statements made in paras 8 and 9 of the counter affidavit dated 13.3.2013 filed by the Accused No.3 on behalf of accused Nos. 1,2 and 4, this contempt petition filed by the complainant stands disposed of, reserving liberty to the complainant to revive the contempt petition after the disposal of SLP pending adjudication before the Apex Court in Nos. 22176- 22186/2010. Ordered accordingly. Sd/- JUDGE Sd/- JUDGE tsn*

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