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)
