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Roilinda Tham vs. Tennyson G. Nengnong

Court:High Court of Meghalaya
Judge:Hon'ble Honble Mr. Justice H. S. Thangkhiew
Case Status:Disposed
Order Date:9 Dec 2021
CNR:MLHC010010462021
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AI Summary

In a contempt petition before the High Court of Meghalaya, Justice H. S. Thangkhiew has issued show cause notices to the respondents, Shri Tennyson G. Nengnong & Anr., to explain why contempt proceedings should not be initiated against them. This order marks a crucial step in the contempt action, indicating the court's intent to enforce compliance with a previous directive.

Ratio Decidendi:
Where a prima facie case for contempt of court is established by the petitioner, the court shall issue notice to the alleged contemnor(s) to show cause as to why contempt proceedings should not be drawn against them under the Contempt of Courts Act, 1971.

Case Identifiers

Primary Case No:Cont.Cas(C) No. 22 of 2021
Case Type:Contempt Petition (Civil)
Case Sub-Type:Original Jurisdiction Cases Contempt Petition (Civil)
Secondary Case Numbers:214200000222021, MLHC010010462021, 805/2021, 22/2021
Order Date:2021-12-09
Filing Year:2021
Court:High Court of Meghalaya at Shillong
Bench:Single Judge
Judges:Hon'ble H. S. Thangkhiew

Petitioner's Counsel

P.N. Nongbri
Advocate - Appeared
W.S. Gayang
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

Smti Rolinda Tham filed a contempt petition (Cont.Cas(C) No. 22 of 2021) against Shri Tennyson G. Nengnong & Anr. The petition alleges non-compliance with a previous court order. On December 9, 2021, the High Court of Meghalaya, presided over by Justice H. S. Thangkhiew, heard the petitioner's counsel and decided to issue show cause notices to the respondents, returnable after four weeks, to explain why contempt proceedings should not be initiated against them.

Timeline of Events

2021-12-07

Contempt petition filed (Filing and Registration Date)

2021-12-09

Case listed for hearing, petitioner's counsel heard.

2021-12-09

Court issued show cause notice to respondents.

Approximately 4 weeks from 2021-12-09

Notice returnable date (for respondents to show cause).

Key Factual Findings

A prima facie case exists for issuing notice for contempt proceedings.

Source: Current Court Finding

Primary Legal Issues

1.Whether the respondents have committed contempt of court by non-compliance with a prior court order.

Secondary Legal Issues

1.Whether contempt proceedings should be drawn against the respondents under the Contempt of Courts Act, 1971.

Statutes Applied

Contempt of Courts Act
1971
Cited as the statutory basis for initiating contempt proceedings against the respondents.

Petitioner's Arguments

The petitioner, through her counsel, presented the case for initiation of contempt proceedings, implying that the respondents had not complied with a previous court order.

Respondent's Arguments

No arguments were presented by the respondent side at this stage, as they had not yet been formally served or appeared.

Court's Reasoning

The court heard the learned counsel for the petitioner and, upon preliminary consideration, found sufficient grounds to issue notice to the respondents. This indicates the court's initial assessment that a prima facie case for contempt had been made out, warranting an explanation from the respondents.

Judicial Philosophy Indicators:
  • Emphasis on Due Process
  • Upholding Judicial Authority
Order Nature:Procedural
Disposition Status:Pending

Specific Directions

  1. 1.Issue notice to the respondents to show cause as to why contempt proceedings be not drawn against them.
  2. 2.Notice is made returnable after 4 (four) weeks.
  3. 3.List this matter on the returnable date for show cause and for further orders.

Precedential Assessment

Non-Binding (Procedural)

This is a procedural interim order for issuing notice in a contempt case, not a substantive ruling on the merits of the contempt or a declaration of law.

Tips for Legal Practice

1.Counsel for petitioners in contempt matters should ensure sufficient grounds are presented to warrant issuance of show cause notices.
2.Respondents served with such notices must prepare a comprehensive response explaining compliance or absence of contempt within the stipulated period.
3.This order emphasizes the initial procedural step of ensuring natural justice by providing the alleged contemnor an opportunity to explain their position.

Legal Tags

Contempt of court show cause noticeHigh Court of Meghalaya contempt jurisdictionProcedural orders in contempt proceedingsInitiation of contempt action against respondentsEnforcement of judicial directives by court

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Motion

Before:

Hon'ble Honble Mr. Justice H. S. Thangkhiew

Listed On:

9 Dec 2021

Order Text

<u>Serial No. 03</u> <u>Regular List</u>

HIGH COURT OF MEGHALAYA AT SHILLONG

Cont.Cas(C) No. 22 of 2021

Date of Order: 09.12.2021

Smti Rolinda Tham Vs. Shri Tennyson G. Nengnong & Anr.

Coram:

Hon'ble Mr. Justice H. S. Thangkhiew, Judge

Appearance:

For the Petitioner(s)

Mr. P.N. Nongbri, Adv. with Mr. W.S. Gayang, Adv.

For the Respondent(s)

Heard Mr. P.N. Nongbri, learned counsel for the petitioner.

Issue notice to the respondents to show cause as to why contempt proceedings be not drawn against them as per the Contempt of Courts Act, 1971.

Notice is made returnable after 4(four) weeks.

:

Accordingly, list this matter on the returnable date for show cause and for further for orders.

JUDGE

<u>Meghalaya</u> 09.12.2021 <u>"V. Lyndem-PS"</u>

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Case History of Orders

Order(4) - 28 Mar 2022

Final Order

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Order(3) - 14 Mar 2022

Interim Order

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Order(2) - 11 Feb 2022

Interim Order

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Order(1) - 9 Dec 2021

Interim Order

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