While the general rule under Section 19 of the Contempt of Courts Act, 1971 is restrictive, an exception exists where the contempt order modifies, alters, or impacts the original judgment. In such cases, an intra-court appeal under Chapter VIII Rule 5 may be maintainable, allowing the aggrieved party to challenge the modification or alteration of the main judgment through the Special Appeal mechanism
If the Contempt Judge modifies or alters the main judgment while disposing of the contempt petition, the maintainability of a Special Appeal gains a nuanced dimension. The analysis of the provided PDF and relevant legal principles reveals the following: 1. General Principle: Under Section 19(1) of the Contempt of Courts Act, 1971 , an appeal is maintainable only against orders imposing punishment for contempt. Generally, this restricts appeals to situations where the contemnor is punished, and not where the contempt petition is dismissed or proceedings are dropped. 2. Exception in Case of Modification or Alteration: However, if the Contempt Judge: Modifies , alters , or varies the original order. Dilutes or issues fresh directions not originally contemplated by the main judgment. Adjudicates on the merits of the underlying dispute instead of merely ensuring compliance. Then, an argument can be made that the Contempt Judge has exceeded the jurisdiction under contempt proceedings. Th...