Mere use of the word "undertake" does not give rise to contempt action unless undertaking is given to the court

1947 SCC OnLine Cal 167 : ILR (1948) 2 Cal 239 : AIR 1948 Cal 294 : 1948 Cri LJ 567

In the High Court of Calcutta

Nisha Kanto Ray Chaudhuri

Versus

Saroj Bashini Guha^*

Contempt of Court — Breach of undertaking given in a compromise petition, if and when amounts to contempt of Court.

There is no contempt of Court on the breach of an undertaking, unless such undertaking is given to the Court. If one of the terms of the compromise is that one party should give an undertaking to the Court, then the compromise should make that clear; otherwise such undertaking would connote a promise or a solemn promise to the party and not to the Court. The mere user of the word “undertake” in a compromise petition does not mean a promise to the Court in which the compromise petition is filed.

J 2