Bathina Ramakrishna Reddy Versus State of Madras- When the act of defaming a Judge is calculated to obstruct or interfere with the due course of justice or proper administration of law, it would certainly amount to contempt. The offence of contempt is really a wrong done to the public by weakening the authority and influence of Courts of law which exist for their good.
Contempt Of Court
This report looks at the accurate contemporary reporting of the content of legal proceedings taking place in public in criminal courts. More specifically, this report focuses on the power of the Crown Court to order that such reporting be postponed to avoid prejudice to court proceedings. We are concerned here with all court reporting, whether broadcast (on television, radio or over the internet) or published (electronically or in print format) and whether by accredited press representatives or others such as bloggers.
The conduct of Mr. Adhikary, apart from being abominable, prima facie amounts to ‘criminal contempt’ within the meaning of section 2(c) of the Contempt of Court’s Act, 1971. Therefore, I have no other option but issue a suomotu Rule for contempt against Mr. Adhikary.
As the respondent has not shown any repentance or regret or remorse, no leinent view should be taken in the matter. However, showing the magnanimity of law by keeping in mind that the respondent is a woman, and hoping that better sense and wisdom shall dawn upon the respondent in the future to serve the cause of art and literature by her creative skill and imagination, we feel that the ends of justice would be met if she is sentenced to symbolic imprisonment besides paying a fine of ` 2000/-.
KULDIP RASTOGI AND ANOTHER Vs. VISHVA NATH KHANNA – Contempt of Courts Act, 1971 — Section — 12(3), 13 — ‘Willful’ disobedience — Meaning of ‘willful’ has the same meaning in the law of contempt as in other branches of the law. no reason why in the matter of contempt it should have some special or peculiar meaning, the ordinary meaning of willful,’ as defined in the Concise Oxford Dictionary, is that for which compulsion or ignorance or accident cannot be Pleaded as an excuse, intentional, deliberate ……….’.
Published Vide G.S.R. 142, dated 1.2.1975, published in the Gazette of India, dated 1.2.1975. In exercise of the powers under section 23 of the Contempt of Courts Act, 1971 read with article 145 of the Constitution of India and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following […]
The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by the its members by their exemplary conduct both […]
Even if a lawyer or the Bar Association feels that a Judge has misconduct himself, the boycott cannot be resorted to. Only such remedies as are provided under law can only be pursued and certainly boycott is not one of such methods. “We have to say sternly about the attitude of the Bar Association in passing resolutions to boycott the […]
In the words of Lord Atkin-“Justice is not a cloistered virtue.” Any and every criticism is not contempt. One of the tests is, to use the words of Mukherjea, J. in Brahma Prakash Sharma and Others Vs. The State of Uttar Pradesh, whether the criticism is calculated to interfere with the due course of justice or proper administration of law; […]
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