Section 10, 11, 12 of Contempt of Court Act
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What is meant by CNR number in court?
All cases under CIS now comes with the unique feature of Case identity number. called as. CNR. (Case Number.
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malfeasance(n), recompense(v)
CCSR No.
Case diary
Date of WP interim order 13Mar2023
WA Judgment 11Apr2023
1.5Jun2023 notice/case file handed over to JNTU SC
2.6Jun2023 Scrutiny of CC petition, WP main case Vakalat filed with the name of the new advocate
3. Filing Date 06/06/2023 Registration Date 12/06/2023
kcraiah Vs. Manzoor hussain: Main Number CC 1144/2023 SR Number CCSR 19906/2023 CNR No.HBHC010257652023
4.Dt.15Jun2023 of Registrar, Univ. Memo permission & V.C Note orders dt.15Jun2023 to join
5.Phone call to join 16Jun2023
6.Joining report 17Jun2023
7.Lr. dt. 6Jul2023 of Registrar to the Principal, Manthani campus to forward the LPC & the SR to Sultanpur campus. Got copy on 13Jul2023. LPC both shared by whats app to the DR@Sultanpur and emailed by the Principal@Manthani dt.13Jul2023 to the Principal@Sultanpur
8.
Advocate Name : P LAKSHMANA RAO (4577) code 4577
Year 2022 cases in HC@Hyd. No. of Cases : 10 No. of Vakalth : 2
Case Number SR Number Petitioner(s) Name Respondent(s) Name Status
WP 5565/2022 WPSR 5847/2022 P Ashok Reddy The Depot Manager TSRTC PENDING
CC 1262/2022 CCSR 35386/2022 Prof Madireddy Andamma Sri Ch Venkatewara Rao DISPOSED
WP 42829/2022 WPSR 52498/2022 Mohammed Anwar The State of Telangana DISPOSED
CC 1596/2022 CCSR 39009/2022 K V Saikiran Sri Ch Venkatewara Rao and 3 Others DISPOSED
CC 818/2022 CCSR 28026/2022 D M Ravi Kumarand another Sri Rahulu Bojja, I A S , Principal Secretary and 8 others DISPOSED
WP 9770/2022 WPSR 10535/2022 N Satyanarayana Union of India PENDING
WP 39120/2022 WPSR 47441/2022 D M Ravi Kumar The Secretary to Government PENDING
WP 12816/2022 WPSR 13488/2022 Gurram Sundar Rao The State of Telangana and 4 others PENDING
WP 42880/2022 WPSR 52497/2022 Syed Javeed Ali The State of Telangana DISPOSED
WP 34974/2022 WPSR 41729/2022 Prof Madireddy Andamma The state of Telangana PENDING
vakalath details
Case Number Petitioner(s) Name Respondent(s) Name Status
WP 16715/2022 WPSR 18672/2022 N P VATSALA THE STATE OF TELANGANA PENDING
WP 16215/2022 WPSR 18184/2022 N P VATSALA THE STATE OF TELANGANA PENDING
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Year 2023 cases in HC@Hyd. No. of Cases : 10
Case Number SR Number Petitioner(s) Name Respondent(s) Name Status
WP 9306/2023 WPSR 13054/2023 Mohammed Ali The State of Telangana and 4 others PENDING
Not Numbered CCSR 19906/2023 Dr K Chandra Sekharaiah Dr M Manzoor Hussain PENDING
WP 9355/2023 WPSR 12830/2023 Mohammed Anwar The State of Telangana and 4 others PENDING
CRLP 410/2023 CRLPSR 362/2023 Dr Konda Rajeswari The state of Telangana DISPOSED
CC 566/2023 CCSR 7009/2023 Mohammed Anwar Prof P Laxminarayana Registrar Osmania University DISPOSED
CC 1096/2023 CCSR 13840/2023 K Sammaiah, Dr Jitender IPS PENDING
WP 9617/2023 WPSR 13521/2023 Syed Javeed Ali The State of Telangana PENDING
WP 6415/2023 WPSR 9074/2023 Dr K Chandra Sekharaiah Jawaharlal Nehru Technological University Hyderabad PENDING
Not Numbered CCSR 19899/2023 G Medha Dr S Harish PENDING
WP 9567/2023 WPSR 13529/2023 Mohammed Abdul Wahab The State of Telangana And 4 Others PENDING
CNR is a unique number assigned to each case filed in district and taluka courts. Once the CNR number is entered, you can get the current status and details of the case. Case status can also be searched by party name, case number, filing number, advocate name, FIR number or Act type. CNR (Case Number Record)
What is interlocutory order?
“interlocutory” means not that decides the cause but which only settles some intervening matter relating to the cause. After the suit is instituted by the plaintiff and before it is finally disposed off, the court may make interlocutory orders as may appear to the court to be just and convenient.
What does interlocutory mean synonyms?
Definitions of interlocutory injunction. injunction issued during a trial to maintain the status quo or preserve the subject matter of the litigation until the trial is over. synonyms: temporary injunction. type of: cease and desist order, enjoining, enjoinment, injunction.
Who can pass a interlocutory order?
the courts
Interlocutory orders are passed by the courts to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding.
Prayer:
1.for penal action against each of the 3 JNTUH authorities by not only imprisonment for 6 months but also a fine of two thousand rupees , owing to their contempts of court, such that contempt of court of the kind in this case will not be recurrent on the part of the JNTUH authorities as they are culprits who tried to escape from the guilty of contempt of court
2.for corrective action by each of the JNTUH authorities for immediately honoring by regularizing the teaching service of the petitioner Professor in continuation to his joining report @JNTUHUCESultanpur
3.for immediate salary payments to the petitioner Professor owing to the regularization of service in regard of him owing to his transfer to Sultanpur campus.
4.for a penalty sum of Rs.2,00,000/- i.e. 2 lakhs to be paid to the petitioner Professor towards the legal expenses meted out to him on account of the illegal maladministrative action of the JNTUH authorities which caused the regular service of the petitioner Professor to be out of gear
5.to apply the service benefits to the petitioner Professor at a par with his colleagues for e.g. Senior Professor procds. in regard of him. Thus, they tried to abuse the public cause owing to which the Fundamental Rues were framed.
6. to recompense to the petitioner owing to victimization and malfesance by the trio
Section 12. Punishment for contempt of court (https://www.indiacode.nic.in/bitstream/123456789/1514/1/197170.pdf)
(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court. Explanation.—An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it.
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to 5 be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer. Explanation.—For the purpose of sub-sections (4) and (5),— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm.
(6) JNTUH authorities wilfully victimized the petitioner Professor and attempted (by their Writ Appeal against the Single Judge order) to take the petitioner Professor as an instance to victimize, abusive of the Fundamental Rules, likewise the other employees in JNTUH . This is reflected by the clause no. ___ in their Writ Appeal.
(7)When the teacher-researcher-employee approaches Mr.Registrar, Mr.Registrar asks to approach Mr.V.C. When Mr.V.C. is approached, Mr.V.C asks to approach the Registrar. Mr.Principal is of the same attitude. Thus, they keep on dragging the justice and time of execution of the HHC interim order w.r.t. the WP and the judgment w.r.t. the WA. Why are they dragging the justice? Because they want to enjoy their small tenure of office by contempting justice and by leaving the results of their contempting performance as an organizational legacy left to the successor administrators.
(8)In fact, Mr.Principal, Mr.Registrar and Mr.V.C are subjects to 2 instances of contempts of court - 1st instance of contempt of HHC is w.r.t. the interim order for the WP, 2nd instance of contempt of court is w.r.t. the judgment for the WA of the JNTUH authorities against the interim order
dragging justice on the altar of contempt of court by sheet negligence to execute the HHC interim direction/justice
dragging justice on the altar of maladministration@JNTUH
charging themselves with contempts of courts
'contempts of courts' petition
have made my client victimized and aggireved with untold agony by illegal maladministration in the following regards
(1)you caused disarraying of the service of my client teacher-researcher-employee(TRE) and consequently mental agony to him
(2)you suppressed and oppressed him by your contempt of court and caused him further victimization and aggrievement
(3)owing to your contempt-of-court attitude and maliciously capricious vindictive nature of illegal maladministration, you discriminated him and did not issue the Senior Professor under CAS selections whereas for all others you issued the univ. selection and appointment-under-CAS procds. Because of of your discriminating ill treatment, he is denied the Senior Professor position at a par with all other Profs. in the univ. who became Senior Professors in the same CAS drive alongwith him.
(4)He is left uncared for as he was denied of salary since he was relieved, owing to transfer to Sultanpur campus, to join at Sultanpur campus. Devoid of salary, he turned penniless and ... .... was left aggrieved and victimized by your court-contempting, illegal maladministration.
(5) by intellectual abuse of the precious R&D time of the TRE scientist(TRES)
(6) utilizing the R&D guidance of the TRE scientist (TRES) but not paying but preying upon his service
unscathed adjective without suffering any injury, damage, or harm.
JNTUH authorities are remaining unscathed. Although JNTUH authorities committed illegal administration, JNTUH authorities remained unscathed. As a victim, the teacherProfessor-researcher-employee petitioner remained scathed without salary for 5 months. The malfesant trio authorities of JNTUH reamianed unscathed. How can it be? How could it be?
malfeasant= a person who engages in an act that is illegal, legally unjustified, or harmful, especially a public official or person in a position of public trust
We will not restore the people's confidence with bland assurances that the malfeasants are mere outliers who will be punished. adjective.
Outliers may be exceptions that stand outside individual samples of populations as well. In a more general context, an outlier is an individual that is markedly different from the norm in some respect.
Outlier is a person, thing, or fact that is very different from other people, things, or facts, so that it cannot be used to draw general conclusions:
People who live past 100 are genetic outliers, whose longevity is unreachable for most of us.
outlier site= a place that is far from the main part of something:
The survey showed about 125 outlier sites up to 100 miles from Chaco.
outlier noun [ C ] a fact, figure, piece of data, etc. that is very different from all the others in a set and does not seem to fit the same pattern:
Eliminating one or two obvious outliers, charges range from 0.45% per annum to 3.67% per annum.
The poll that showed him increasing support by 5 points was probably an outlier.
2. a person, thing, or part situated away from a main or related body
3. a person who lives away from his or her place of work, duty, etc
4. statistics a point in a sample widely separated from the main cluster of points in the sample
2. a person residing outside the place of his or her business, duty, etc
3. Geology a part of a formation left detached through the removal of surrounding parts by erosion
a person or thing that is atypical within a particular group, class, or category
She was an outlier when she launched her cruelty-free, sustainably minded brand in 2001, but has found the centre of gravity shifting in her direction
a person or thing that is different from or in a position away from others in the group
They are corporate outliers, people who just don't fit into the culture of the company.
out‧li‧er /ˈaʊtˌlaɪə $ -ər/ noun [countable] technical
a number that is a lot higher or lower than all the other numbers in a set of numbers that represent facts or measurements In the set {3,5, 4,6, 2,25,5, 6}, 25 is an outlier
Even though the Professor reported to duty as per the interim direction of the honorable high court, both the JNTUH Principal and the JNTUH Registrar did not care for the execution of the order. They did not honor the order as they did not allow him to sign towards attendance. They showed only dissonance and disregard against the HHC order. They illegally arbitrarily victimized the employee Professor by inordinate delay to execute the HHC interim direction. They showed no signs of obedience to the HHC interim direction during their tenures of office. Theirs was only illegal gratification of the tenure-based authority in chairs by sheer disobedience to the HHC direction to complete their tenures by inordinately delaying the execution of the order and to escape out of their offices by completing their tenures of offices and to leave the malacious legacy of their abuse to those who assume the offices later.
They illegally arbitrarily dishonored the HHC interim direction by dragging time for a writ appeal. Even after the HHC dismissed the writ appeal of the JNTUH, the JNTUH authorities dragged time to act in deference to the HHC order. They dragged time for illegal gratification of their tenure-based authority in JNTUH so as to merely create and leave the impressions of their illegal gratification to cause a legacy of maladministration in JNTUH.
violated the fundamental rules by illegally arbitrarily cancelling the transfer order in the context by violating the fundamental joining time provisions to the employees
The victim teacher-resarcher-employee submitted as many as 10 reminders to the Registrar for the execution of the HHC order. Despite the same, the Registrar Manzoor Hussain failed to implement the HHC order. The Registrar Manzoor Hussain failed to ensure that the Professor was allowed to sign in the attendance Registrar. He failed to respond with a promising regard and accord w.r.t. and in deference to the HHC order. His scant regard for
The Illegal maladministrator authorities have not responded to the HHC direction with the same alacrity as that you showed to cancel your own transfer order capriciously maliciously abusing the service of the employee, the seniormost CSE faculty in JNTUH.
As a JNTUH authority, you have (1)caused victimization of justice (rendered by the HHC) by your indecision by not allowing the teacher-researcher-employee petitioner
(2)resorted to deriving vicarious pleasure by failing and delaying inordinately to allow the teacherProfessor-researcher-employee to attend to the duties by signing in the duty attendance register
(3)resorted to 2 contempts of court by trying to continue with your illegal maladministration amounting to charging yourselves with the 2 contempts of court. You failed to release any tangible document of your compliance or instruction of compliance w.r.t. execution of the HHC interim order of the single judge and division bench judgment of dismissal of the writ appeal of the JNTUH authorities
You are sacrificing justice on the altar of contempt of court by wrongfully, illegally delaying the execution of the interim direction w.r.t. the writ petition of the teacher-researcher-employee petitioner and the judgement rendered against the wrongful, illegal writ appeal of your maladministrative exercise of your authority in JNTUH
In the light of the judgment that was owing to the writ appeal of the JNTUH and authorities, it was again incumbent on them to honor the judgement by allowing the service of the petitioner teacher-researcher-employee as at Sultanpur campus of JNTUH. But, they showed utter disregard to the HHC judgment, did not allow the service of the teacher-researcher-employee and declined to provision him to sign for duty at Sultanpur campus. They squarely contempted the HHC interim direction as well as the judgment against the writ appeal of the JNTUH.
****WP1:Contempt of court
Prayer: to punish the ... ...
WP2:You have made my client an aggrieved party by your 'don't care' attitude to execute the HHC order. You have prevented him from attending to his service@JNTUH and caused him to approach the HHC for justice. Because of the mental agony caused by your vindictively contempting and illtreating the petitioner teacher researcher employee to execute the HHC interim direction and judgment of the Division Bench and
Prayer to the HHC: "(1)for directions to the Registrar, JNTUH and the Principal,JNTUHUCES for immediate release of salaries to the TRE (2)for a penalty of Rs.10,00,000/o on the part of each of _____ and _____. (3)to immediately issue procds. of Senior Professor selection with retrospective effect to the TRE kcraiah
Subsequent to the double impact of your abusing the service of the employee
You have abused the service of the employee
You have inordinately delayed the Senior Professor position to him and to him only under the CAS scheme.
You have misguided and misled the employee ... ...
Show cause as to why we should not consider to take up a case against you for recommendation gto your higher authorities by the HHC for disciplinary action against you
****deliberately, wilfully contempted the HHC direction and judgment
****Illegal, contemptuous gratification causing abusively mental agony to
****JNTUH authorities have followed a 'don't care attitude' towards the HHC interim direction and judgment against the writ appeal of the JNTUH authorities.
The disobedience of the JNTUH Authority. to the HHC interm direction is to be in a comfort zone of time gain to complete the tenure based administrative position of authority. This constitutes sheer contempt of HHC.
By inordinate delay w.r.t.
avoidance of the the CC and complying with the HHC proceedings of interim direction and
****It is your bounden duty to have followed the interim direction as well as the judgment of the single judge and the division bench@HHC respectively. As you have defaulted to execute the corrective proceedings of the HHC, your reluctant indecision, negligence and defiance are simply contempt of the court proceedings. Your reluctant indecision, negligence and defiance
for corrective action is decried.
Owing to your maladministration by CC, this legal notice is served to you to be of alerting appraisal of the prevailing CC circumstances created by you as briefed here and of the impending CC proceedings that might come upon you consequently. Your carelessness, negligence and defiance w.r.t. the HHC procds. and our alerts constitute an invitation to us and prompt us to duly take recourse to CC case of prayer to the HHC for maximum punishment and penalty against you as per the CC Act provisions.
****The JNTUH authorities are estranging themselves to norms of justice and are charging themselves day by day with contempts of court direction at the first instance and of the judgment thereof secondly.
****Tenure-based, tenure-linked performance/responsiveness/functioning of the JNTUH authorities
Service-spanned performance/responsiveness/functioning of the JNTUH authorities
****By your inordinately delayed execution of the HHC interim direction and writ appeal-related judgment, you are preying upon the justice rendered by the HHC and the service and salary of my client to be thriving in maladministration positions just to be abusive successfully in your tenure-based positions of authority and just to leave an abused(by you) legacy of maladministration(of you) to the next who come to assume the positions of authority as and when you are to quit the positions either by dismissal or ... ...
****Contempt caused untold misery to the petitioner Prof.
****To, recompense
So, compensation ... ...
by your indecision of dissonance
The petitioner Professor is aggrieved and victimized
****హైకోర్ట్ తీర్పును అమలు పరచక కాలయాపనచేయుట,న్యాయవ్యవస్ధను అపహాస్యం చేయటం కాదా అని ప్రశ్నించేరు. JNTUH authorities are corrupting the justice by dillydallying rather than a promising approach for the execution of the HHC order.
I do not get any signs of JNTUH obeying the HHC order.
****You have abused your office by your illegal transfer cancellation order in respect of me.
Your ignominious maladministration filed writ appeal of invidiously ignominious kind in the HHC. The WA was not only looked down upon by the HHC but also dismissed in the admission hearing stage itself as it squarely lacked pith and substance.
It was squarely your folly that you raised a writ appeal that is abusive of the interim order of merits.
****You have abused your office by your illegal transfer cancellation order in respect of me.
Your ignominious maladministration filed writ appeal of invidiously ignominious kind in the HHC. The WA was not only looked down upon by the HHC but also dismissed in the admission hearing stage itself as it squarely lacked pith and substance.
It was squarely your folly that you raised a writ appeal that is abusive of the interim order of merits.
****
1.malfeasance nounLAW wrongdoing, especially (US) by a public official.
2.What is the true definition of malfeasance?
Malfeasance is an act that is illegal and causes physical or monetary harm to someone else. Malfeasance is intentional conduct that is wrongful or unlawful, especially by officials or public employees.
3.What is malfeasance with example?
Malfeasance is the intentional act of doing something legally or morally wrong, resulting in harm. For example, a Kentucky county clerk who refuses to issue marriage licenses to all couples to avoid issuing them to same-sex couples.
4. What is an example of misfeasance?
An example of misfeasance could include a public official hiring their sister without realizing that it would be against the law to hire a family member.
5.What is malfeasance misfeasance and nonfeasance?
Nonfeasance is defined as the intentional failure to perform a required duty or obligation. Misfeasance is when someone performs an action incorrectly or a legal act performed in an illegal manner. Malfeasance is when a party causes injury to another party on purpose.
6.Malfeasance occurs when the act is intentional, whereas misfeasance is completed accidentally. Misfeasance can occur rather frequently without second-guessing it. Nonfeasance is a failure to act when action is required. Corporate legal teams help assure no misfeasance, nonfeasance, or malfeasance occur.
7.What is the difference between malfeasance misfeasance and nonfeasance quizlet?
Differentiated among a malfeasance, a misfeasance, and a nonfeasance. Misfeasance- a legal act performed in an improper way. Nonfeasance- failing to perform an act that should have been performed to prevent injury or damage. Malfeasance- wrongdoing, especially by a public official.
8.What is an example of nonfeasance misfeasance and malfeasance?
If the catering company didn't come then it is considered as a nonfeasance. If the company provides only food and did not provide a drink then it is misfeasance. If the catering company accepts the bribes from somebody to provide poisonous food then it is malfeasance.
9.What is nonfeasance with example?
A nonfeasance example is a doctor failing to perform life-saving interventions or a nurse failing to either call for a doctor or help by using a defibrillator when a patient goes into cardiac arrest. Nonfeasance can also apply if a daycare worker fails to supervise children, causing serious harm.
10.What is the definition of act of misfeasance?
The incorrect, improper or wrongful performance of a lawful act.
11.What is the other term of nonfeasance?
the nonperformance of an assigned or expected action you can sue for nonfeasance if the company doesn't fulfill the contract. Synonyms & Similar Words. Relevance. negligence. neglect.
12.What is an example sentence for malfeasance?
Two officials were dismissed by the bank for malfeasance, a scapegoat gesture. He was accused of malfeasance in office, but he was not tried until several years had elapsed.
13.What is misfeasance case law in India?
Generally, a civil defendant will be liable for misfeasance as the defendant owes a duty of care towards the plaintiff and did not perform his duty properly, doing an operation is a lawful act but there is an improper performance of the lawful act.
14.Which of the following tort is an example of malfeasance?
Types of trespass are: Trespass to person, trespass to land and trespass to chattel. Trespass is malfeasance i.e; commission of illegal / wrongful act which is actionable per se.
15.What is nonfeasance Black's law Dictionary?
The neglect or failure of a person to do some act which he ought to do.
16.A good motive is no justification for an action otherwise illegal and a bad motive does not make wrongful an act otherwise legal. Discuss the statement with its exceptions, if any.
“It is the act and not the motive for the act that must be regarded. If the act, apart from the motive, gives rise merely to damage with legal injury, the motive, however, reprehensible it may be, will not supplement that element”-Salmond
An act, otherwise lawful, cannot generally be made actionable by an averment that it was done with evil motive. An evil motive per se does not amount to injuria or legal wrong.If a person has a right to do something then his motive in doing it is irrelevant.
What is motive? Motive is the reasons behind a person's actions, an inner drive that signifies the reason for a person’s conduct. Motive leads to formation of intention, which is the subsequent cause. Motive is the ultimate object, with which an act is done, while intention is the immediate purpose. When an act is done with bad intention, it is called malice. Malice-in-Fact refers to performance of an act which may be legal, but with ill-will, or hatred, or bad intention. Whereas, Malice-in-Law, refers to a wrongful act, done intentionally, without just cause or legal excuse.
"Intent" in criminal law is synonymous with Mens rea, which means the mental state. A motive, in law, especially criminal law, is the cause that moves people to induce a certain action. The legal system typically allows motive to be proven in order to make plausible the accused's reasons for committing a crime. However, motive is not essential to the maintenance of an action for tort. A wrongful act does not become lawful merely because the motive is good. Similarly, a lawful act does not become wrongful because of an improper, evil motive or malice.
The decisions of Lord Halsbury and Lord Watson in Bradford Corporation Versus Pickle and Allen Versus Food may be treated as one of the earliest decisions that settled that motive is irrelevant in tort.
1.Bradford Corporation v Pickles [1895] AC 587
Facts-The plaintiffs owned land beneath which were water springs that were used for more than 40 years to supply Bradford town with water. The defendant owned land on a higher level than the plaintiffs. Under the defendant’s land was a natural reservoir and water flowed from this reservoir down to the plaintiffs’ springs. However, the defendant sank a shaft into his land in order to alter the flow of the water. This seriously reduced the amount of water that flowed into the plaintiffs’ springs. There was ample evidence to suggest that the defendant followed this course of action, not in order to provide any direct benefit to himself, but simply so as to deprive the plaintiffs of water. The plaintiffs insisted that this was malicious and hence that they were entitled to an injunction to prevent the defendant acting in this manner.
Held-
Lord Halsbury L.C : This is not a case in which the state of mind of the person doing the act can affect the right to do it. If it was a lawful act, however ill the motive might be, he had a right to do it. Motives and intentions in such a question as is now before your Lordships seem to me to be absolutely irrelevant.
LORD WATSON: No use of property, which would be legal if due to a proper motive, can become illegal because it is prompted by a motive which is improper or even malicious.
2. Allen v Flood [1898] AC 1
Facts:
Flood and Walter was a shipwright employed on a ship, liable to be discharged at any time. Fellow workers objected to their employment as they had worked for a rival employer. Allen was a trade union representative for the other employees on the ship and approached the employers, telling them that if they did not discharge Flood and Walter, the other employees would strike. The employers consequently discharged Flood and Walter and refused to employ them again, where they otherwise would. Flood and Walter brought action for maliciously inducing a breach of contract.
Issue:
Whether the judge erred in finding that Allen had induced a procurement of contract unlawfully.
Held:
The decision was reversed, finding that Allen had not violated any legal rights of Flood and Walter. There was no legal right for them to be employed by employer and Allen had not carried out an unlawful act and had not used any unlawful means, in procuring the employee’s dismissal. Allen was found to have made a representation to the employers of what would happen if they continued to employee Flood and Walter. He relied the events of what he believed would happen and the employers believed him. This was not considered to be an obstruction or disturbance of any right: it was not the procurement of the violation of any right. Allen’s conduct was not actionable, however malicious or bad his motive might be.
The courts in India have also spoken about the non-relevance of motive as well as malice in tort. In Vishnu Basudeo V. T.H.S Pearse [AIR 1949 NAG 364] and Town Area Committee V. Prabhu Dayal [AIR 1975 All 132], courts have held that it is to be seen if the act is lawful, then motive with which it was done is of little significance.
Exceptions to the rule
But it must be conceded that there are established exceptions to the general rule of irrelevancy of motive in torts. There are certain categories of torts where motive may be an essential element or relevant in determining liability.
Defamation refers to the act of publication of defamatory content that lowers, harms or injures the reputation, character or goodwill of an individual or an entity. If defamation occurs in spoken words or gestures (or other such transitory form) then it is termed as slander and the same if in written or printed formsuch as writings, pictures, cartoons, statues etcis libel. Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-congnizable and compoundable offence. Defamation as a criminal offence is listed under section 499 of the Indian Penal Code-whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. The punishment, mentioned under section 500, can extend upto simple imprisonment for a term of two years, or with fine, or both.
First, the presence of defamatory content is required. Defamatory content is defined as one calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule. Second, the claimant should be identified in the defamatory statement. The content must be clearly addressing a particular person or a very small group for it to be defamation. Third, there must be a publication of the defamatory statement in either oral or written form.
·A substantially true report was published.
·Individual may be protected from claims of defamation under tort or even criminal defamation by a privilege conferred on them by law
·When it is a fair comment.
2.Deceit– Are presentation which is false and dishonestly made and intended to be and is relied on and the claimant suffers damage as a result.
Deceit is a tort arising out of a false statement of fact made by one person/entity, knowingly or recklessly, with the intention that it should be acted upon by another person/entity, who suffers damage as a result.
The word has been derived from the Latin term “tortum” which means “to twist” or “damage”. The word tort is equivalent to the French word “wrong”. Under Hindu law, tort is called “jimha” which means tortious or fraudulent act.
According to Dr. Winfield “the liability of tort arises from the breach of a duty primarily fixed by law, such duty is towards persons generally and its breach is redressible by an action for its unliquidated damages”. In layman language, the tort is a civil wrong or a breach of duty which is caused by one person and on the basis of that fault, the court imposes liability and provides compensation for personal injury caused or damage to any property.
According to Salmond “Tort is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of trust”. Now tort means a breach of duty which is independent of contract and giving rise to a civil cause of action and for which compensation can be recovered. The first case where the court used the word tort was an old English case Boulton vs Hardy.
Points for CC petition
4 Reminders
No salary for 4 months
JNTUH authorties took up wrongly a Writ Appeal against the Single Judge order which is rather unappealable as it is interim order. A Writ Appeal against an interim order is rather not allowable for admission. JNTUH authorities chose to wilfully disobey the interim order of the High Court and tried to dodge the case to cause annoyance and perils of occupational health to the petitioner Professor by wrongful delay tactics in executing the interim order. JNTUH authorities wilfully did not execute the interim order to cause victimization of the petitioner Professor teacher-researcher-employee. Owing to their wilful victimization of the employee by derelection of their duty to obey the High court's interim order, they deserve very much punitive action by the High Court.
5.Even after the HHC dismissed the writ appeal of JNTUH, the JNTUH Principal did not allow the petitioner Professor to sign for duty attendance despite it that the petitioner Professor reported to him to execute the interim direction
6.The JNTUH authorities are of dereliction of duties by escaping from their duties to execute the HHC orders by allowing the teacher-researcher-employee to sign for the duty attendance in the duty attendance register.
7.The trio JNTUH authorities are of contempt of court because of the following:
a.The trio JNTUH authorities showed scant regard to allow the teacher-researcher-employee to sign for the duty attendance in the duty attendance register
8.The trio JNTUH authorities tried to remain scot-free, unscathed in the public outlook by damaging the service profile of the teacherProfessor-researcher-employee
8.The trio JNTUH authorities wanted to hide from the public disregard and public wrath that might surface if they are to chew the cud('chew the cud' means allowing by themselves what they disallowed earlier by illegal exercise of their authority) of their illegal misdeeds perpetrated against the regular teacherProfessor-researcher-employee
9.They tried to alter/vitiate the justice by illegal means such as by an 'unappeallable writ appeal'(the very fact that the writ appeal was dismissed by the HHC means that theirs was an 'unappeallable writ appeal')
10.
Draft letter to Dr.G.Narasimha, Principal@JNTUHUCES and to Dr.Manzoor Hussain, Registrar, JNTUH.
The HHC's interim direction against your illegally exercised authority's transfer cancellation procds. in respect of me is upheld by the division bench against your writ appeal and the HHC dismissed your writ appeal in the first admission hearing itself. You are committing contempt of court day by day as you have not executed the HHC orders. Yours is ignominious administration in the university owing to the path of contempt of court you are treading on. Day by day, you are found more and more as guilty of contempt of court. Day by day, you are charging yourselves as guilty of contempt of court because of your derelection to duty and neglect to execute the HHC order that not only honored my service at JNTUHUCESultanpur but also ineffectuated your illegal transfer cancellation order in respect of me.
1.What is the act of omission called?
Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute. Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result.
2.What is tort meaning?
Definition. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a loss or detriment in fact that an individual suffers.
3.What is malfeasance in company law?
Malfeasance is an act of outright sabotage in which one party to a contract commits an act that causes intentional damage. A party that incurs damages by malfeasance is entitled to settlement through a civil lawsuit.
4.What are the four elements of the tort of negligence?
Identifying the Four Tort Elements
The accused had a duty, in most personal injury cases, to act in a way that did not cause you to become injured.
The accused committed a breach of that duty.
An injury occurred to you.
The breach of duty was the proximate cause of your injury.
5.
Strategy:
1.To issue contempt legal notice to Mr.Principal
2.To issue contempt legal notice to Mr.Registrar
3.As the 3rd instance, legal notice to the V.C.
4.NCC development, national character
Administrative competence, administrative machinery,
a scathing remark criticizes someone or something very severely
scathing attack/remark/comment etc a scathing attack on the government’s planned tax increases
scathing about He’s always been so scathing about psychiatrists.
—scathingly adverb e the Corpus
scathing
• Their criticism was scathing.
• 'The New York Times' was particularly scathing about his performance.
• The scathing attack from consumer watchdogs comes only months after the introduction of a strict code of practice designed to improve services.
• Her new book is a scathing attack on American imperialism in Central America.
• How could you refute it when just the memory of his scathing comments made your eyes fill with tears?
• He was scathing in his criticism of colleagues whose work did not match these standards.
• The other approach worked with a scathing moral and religious attack on the concepts of hygiene and sanitation embedded in the legislation.
• His speech brought scathing opposition responses.
• Bloom paints a scathing portrait of Meinke in her memoirs.
• The health department issued a scathing report on conditions in local hospitals.
• It rejected, in somewhat scathing terms, the owners' proposals for a combination of longer hours and lower wages.
scathing attack/remark/comment etc
• The same old accusations, the same scathing comments.
• Lord Haskins has made scathing remarks about the idea that farmers should be paid to preserve the countryside.
• Instead, she delivered what looked like a scathing remark and marched toward the door with Henry scrambling after her.
• The scathing attack from consumer watchdogs comes only months after the introduction of a strict code of practice designed to improve services.
• How could you refute it when just the memory of his scathing comments made your eyes fill with tears?
• Then at least she wouldn't have to endure the scathing comments of Mr Luke-perfect-Crawford down there.
• Caldaire managing director Mike Widmer launched a scathing attack on the local authorities.
Origin scathing (1700-1800) scathe “to harm” ((12-20 centuries)), from Old Norse skatha
CEM website webpage content dt.15Jul2023. The Univ. failed to ensure salary payment as immediately as it illegally expected the faculty member to report for duty in CES. JNTUH Registrar Dr.Manzoor Hussain and JNTUHUCES Principal Dr.Narsimha failed to fulfil in toto its obligation of compliance to the Honorable HC order. The 2 univ. authorities lacked diligence and exercised procds. illegally troubling the faculty member throwing out of gear his service conditions including the inordinate delay in the issuing of the Senior Professor procds. in respect of him. The 2 authorities functioned on mala fide grounds illegally recklessly to abuse the service conditions of the colleague teacher-researcher-employee for their vicarious pleasure.
Why is the CEM website showing wrong data in the website?
