Punitive Action Requires Conclusive Proof and Cannot be Taken on Presumptive Disobedience

“The Court can not presume or conjecture disobedience. In its zeal to uphold its majesty and ensure implementation of rule of law, the Court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the order of the Court having been disobeyed. The principle that suspicion, howsoever strong, can be no substitute for proof may, in my considered opinion, be justifiably be invoked, while dealing with application under Order 39 Rule 2A of the CPC.”

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