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HomeSupreme Court of IndiaA. K. Jayaprakash (Dead) Through Lrs VS S. S. Mallikarjuna Rao

A. K. Jayaprakash (Dead) Through Lrs VS S. S. Mallikarjuna Rao

Contempt of Courts Act (70 of 1971) , S.2(b)— Civil contempt – Delayed compliance of court order – Whether willful disobidience – Direction issued to bank to release outstanding dues payable to Petitioner employee within three months, was complied with belatedly – Although there was significant delay, there was no evidence of wilful or contumacious intent on part of Bank – Explanation provided by bank about administrative hurdles following a merger and difficulty of retrieving old records, was acceptable – Element of mens rea, essential for sustaining a charge of civil contempt, cannot be inferred merely from factum of delay – Considering undue delay in disbursal of dues, direction was issued to pay lumpsum amount as compensation to widow of now deceased petitioner.

Constitution of India , Art.142— AIR 2004 SC 105-FollowedAIR 2006 SC 1883-Followed(Paras 111518192021)



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