Civil Litigation
Delay in obeying an order is not contempt without wilful intent
What the Court held
In A.K. Jayaprakash (Dead) through LRs v. S.S. Mallikarjuna Rao (Supreme Court of India, 19.08.2025; 2025 LiveLaw (SC) 847), a Bench of the Chief Justice of India B.R. Gavai and Justice A.G. Masih held that delay in complying with a court's direction does not, by itself, amount to contempt. Civil contempt requires a finding that the disobedience was wilful and deliberate.
Why it matters
A bank had been directed to pay outstanding dues and had delayed, but the delay was traced to administrative difficulties following a merger and the retrieval of old records, not to any intent to flout the order. Before punishing for contempt, the Court held, there must be a clear finding of wilful disobedience; where the failure flows from genuine, compelling difficulty, contempt does not lie. The decision guards against contempt being used to pressure a party over a delay it could not help.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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