Delhi High Court Clarifies that Contempt for ‘Wilful’ Disobedience Excludes Casual or Bona Fide Acts and Does Not Encompass Negligent Actions

Case: KUEHNE + NAGEL PVT. LTD. v. MR. PREM SINGHEE

Coram: Justice Dharmesh Sharma

Case No.: CCP(CO.) – 1/2015

Court Observation: “Wilful acts does not encompass involuntarily or negligent actions. The act has to be done with malice or without a justifiable excuse or stubbornly, obstinately or perversely. The deliberate conduct of a person means that he knows what he is doing and intends to do the same,”

“Committal or sequestration will not be ordered unless contempt involves a degree of default or misconduct,”

“Suffice it to observe that it is not a case of intentional violation or wilful disobedience of the order passed by this Court to initiate contempt action against the respondent,”

“In such proceedings, all aspects can be considered by the forum/court concerned on merits in accordance with law. In view of the foregoing discussion, the present Contempt Petition is dismissed,”

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Delhi High Court Clarifies that Contempt, Wilful, Disobedience Excludes