Justice Gopinath P. in his order says:

“Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the view that no proceedings can be initiated against the respondent under the provisions of the Contempt of Courts Act on the ground that he refused to follow precedent, which petitioner contends, decides the case in petitioner’s favor. While it is true that the law laid down by this Court must be followed by all authorities, I am afraid that it is too much of an exaggeration to conclude that contempt of court proceedings can be initiated under the provisions of the Criminal Justice Act. contempt of court 1971. on the grounds that a particular authority failed to follow binding precedent.

The petitioner argued that the sub-registrar’s refusal to register documents would amount to initiation of proceedings under the Contempt of Courts Act.

The petitioner argued before the Court that he had informed the Sub-Registrar about the judgments of the High Court and argued that the Sub-Registrar still refused to register the documents. He relied on previous judgments of the High Court to hold that the Sub-Registrar was not entitled to insist that the executor must produce prior documents for registration under the Law of Registrar. ‘registration.

The Court held that contempt of court proceedings cannot be initiated against the Sub-Registrar under the Contempt of Courts Act for refusing to follow binding precedent.

The contempt of court case was therefore dismissed.

File number: Con.Case (C) No. 3197 of 2024

Case Title: Joy v CK Manoj

Citation: 2024 LiveLaw (Ker) 792

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