Bharat Heavy Electricals v. Assistance Commissioner Of Commercial Taxes
1998-08-25
G.T.NANAVATI, M.K.MUKHERJEE, S.P.BHARUCHA
body1998
DigiLaw.ai
S.P.BHARUCHA, J. (1) OUR order dated 19-3-1998 issuing suo motu notice to show cause why the notices should not be proceeded against for contempt may be read into this order. (2) THE alleged contemner Shiva Prasad, son of M. Siddalingappa has filed the principal affidavit dated 17-4-1998 on behalf of himself and the other alleged contemners. He has accepted personal responsibility for the inaccurate copy of the order placed before the Court, which caused the Court to issue the contempt notice. He has stated that he had certified the correctness of the copy but that such certification was deficient inasmuch as a part of the original, which was in handwriting, had not been typed on the copy. He has regretted his lapse and begged to be excused. He has also, as have the other alleged contemners, tendered an unconditional apology. (3) SINCE what was not typed upon the copy was relevant to the issue before the Court, an inference could be drawn that what was not typed had been deliberately omitted, which would make the matter so much more serious; but, since that would be only an inference, we give to the alleged contemners the benefit of doubt, accept their unconditional apologies and discharge the contempt notice. (4) NO order as to costs.