The Court, from the very beginning, was desirous of giving quietus to this matter. Directly or indirectly, the contemnor was persuaded to end this matter by tendering an apology and save the grace of the institution as well as the individual, who is an officer of the Court. However, for the reasons best known to him he has neither shown regret in spite of our persuasion or the advice of the learned Attorney General. Thus, we have to consider imposing an appropriate sentence upon him.
There are both civil and criminal contempts, but the distinction is unclear and has been described by the High Court as illusory. It has been said that contempt is a criminal offence but not a crime. When pursued as a criminal offence, a civil procedure is used to prosecute, and for some contempts, the court itself is the victim, witness, prosecutor, judge and jury.
Contempt of Court Act 1981 1981 CHAPTER 49 An Act to amend the law relating to contempt of court and related matters. [27th July 1981] Be it enacted by the Queen’s most Excellent […]
Contempt of Courts Act-আপাতত বলবৎ অন্য কোন আইনের বিধানবলী সাপেক্ষে, কোন বিচারক, ম্যাজিস্ট্রেট বা বিচারকার্য সম্পাদনকারী অন্য কোন ব্যক্তি তাহার নিজ আদালত বা অন্য কোন আদালত অবমাননার জন্য সেইরূপে দায়ী হইবেন, সেইরূপে অন্য কোন ব্যক্তি আদালত অবমাননার জন্য দায়ী হইতে পারেন, এবং উক্তক্ষেত্রে এই আইনের বিধানাবলী যতদূর সম্ভব একইরূপে প্রযোজ্য হইবে।
Contempt Of Courts Act, 1952—Section 3—Court—MEANING of—Courts subordinate to High Court—MEANING of—Court of a quasi judicial tribunal created under Statute is not covered by the EXPRESSION ‘court’.
If the minister has personally broken the law, the litigant can sue the minister, in this case Mr. Kenneth Baker, in his personal capacity. For the purpose of enforcing the law against all persons and institutions, including ministers in their official capacity and in their personal capacity, the courts are armed with coercive powers exercisable in proceedings for contempt of court
Contempt of court is the area of law which deals with behaviour which might affect court proceedings. It takes many different forms, ranging from disrupting court hearings to disobeying court orders to publishing prejudicial information which might make the trial unfair. If someone commits a contempt of court, they can be punished, although the procedures for deciding whether they are guilty and for punishing them are currently different from those used for normal crimes.
Supreme Court withdrew protection given to Mr. Rajeev Kumar, former Commissioner of Police, Kolkata, vide order dated February 05, 2019 restraining the CBI from arresting him and thereby
(70 of 1971) [24th December, 1971] An Act to define and limit the powers of certain Courts in punishing contempts of Courts and to regulate their procedure in relation thereto. Be it […]
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 […]
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 […]
If Bar Association pass resolutions to boycott Court it amounts to interfering with the course of justice
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 […]
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 […]
Ever since the initiation of these proceedings, he has been expressing further disrespect to this Court, he has also been making press statements with abject impunity. However, after the last order, he […]
In Jhareswar Prasad Paul and Another Vs. Tarak Nath Ganguly and Others(AIR 2002 SC 2215 ), opined as extracted below: “The purpose of contempt jurisdiction is to uphold the majesty and dignity […]
It is a well settled principle of law that if two interpretations are possible of the order which is ambiguous, a contempt proceeding would not be maintainable.
In Re: Arundhati Roy, AIR 2002 SC 1375, the Court observed that offence under IPC is different than a contempt of Court. Law of defamation under Penal Code cannot be equated with law of Contempt of […]
In Debabrata Bandopadhyay and Ors. v. The State of West Bengal and Anr., AIR 1969 SC 189, this Court observed as under: A question whether there is contempt of court or not […]
There is nothing in the Contempt of Courts Act, 1971 or in Article 215 of the Constitution “which empowered High Court to initiate proceedings suo-motu for the contempt of a superior Court like the Supreme Court of India.”
Vitusah Oberoi and Ors. v. Court of its own motion [Criminal Appeal No. 1234 of 2007], It was held that there is nothing in the Contempt of Courts Act, 1971 or in Article 215 […]
KEYWORDS:Contempt of Courts Act- DATE:-DECEMBER 12, 2017- “The High Court went wrong in referring only to paragraph 62 of the judgment and not to the other relevant considerations leading to the decision […]