National Fertilizers Ltd. V/s Tuncay Alankus and Anr.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-04-02
Case No: 320 of 2009 in Criminal Appeal No. 926 of 2006
Case Type: Contempt Petition (civil)
Judge Name: Aftab Alam & Ranjana Prakash Desai
Subject: Contempt of Court
Statutes / Acts: Constitution of India
Section: Article 129 of Constitution of India, Prevention of Corruption Act, 1988 - Section 7, 11, 13 (2)
Bench Strength: Double Bench
Equal Citation Details :

2013(5)SCALE255, (2013)9SCC600, 2013(3)ACR2490, 2014I AD (S.C.) 150, AIR2013SC1299, 2013(3)CDR759(SC), JT2013(8)SC375, (2013)4MLJ453, 2013(3)RCR(Criminal)168

Case Note / Description :

In the case in hand on taking into account all the circumstances as discussed above, we are of the view that it would not be wholly reasonable to hold that the respondent withdrew large amounts from his account with Pictet in violation of this Court’s orders. For the reasons discussed above, we hold that the respondent cannot be held guilty of contempt. Coming back to the order, dated April 1, 2010 by which this Court held that the respondent had withdrawn money from his account with Pictet by flouting the orders of this Court, it is to be noted that that order is founded on the premise that the respondent had not denied the allegation made by the petitioner against him. It is, however, to be noted that the respondent in his reply to the contempt petition filed on March 3, 2010 had stated in paragraph 2 (XIV) as under: “The Respondent takes liberty for reiterating that he has not withdrawn any amount in spite of (sic.) the order passed by this Hon’ble Court.” The order dated April 1, 2010, was, thus, clearly based on an erroneous premise of fact. It is, accordingly, recalled. For the reasons discussed above, we find no merit in the contempt petition. It is dismissed

 

 
 
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