Contempt of Courts Act, 1971

Supreme Court e@Journal

Contempt of Courts Act, 1971 (70 of 1971) - `Wilfull' it means knowingly intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom - It excludes casual, accidental, bonafide or unintentional acts or genuine inability - Wilful acts does not encompass involuntarily or negligent actions - The act has to be done with a "bad purpose or without justifiable excuse or stubbornly, obstinately or perversely". (S.C.)(175) PLR
Contempt of Courts Act, 1971 (70 of 1971) - Proceedings are quasi criminal in nature, and therefore, standard of proof required in these proceedings is beyond all reasonable doubt - It would rather be hazardous to impose sentence for contempt on the authorities in exercise of contempt jurisdiction on mere probabilities. (S.C.)(175) PLR
Contempt of Courts Act, 1971 (70 of 1971) S. 12 - Civil Judge has directed ICICI Bank to produce his Chairman or through authorised person - Court has no power to issue any such direction to persons of party before him - The power under the Contempt of Courts Act cannot be exercised by a Court subordinate to the High Court - It has no power to call for the persons of the Chairman of the Bank in the manner which it has done - It has no power to entertain a petition under Contempt of Courts Act. (173) PLR
Contempt of Courts Act, 1971 (70 of 1971) S. 15(1) - In case of a criminal contempt other than a contempt in the face of the High Court or the Hon'ble Supreme Court in terms whereof the Supreme Court or the High Court may take action on its own motion or a motion made by any of the persons specified under Section 15(1) of the Act - Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002). (173) PLR
Contempt of Courts Act, 1971 (70 of 1971) S. 20 -Deals with initiation of contempt proceedings in two manners i.e. by `Court in its own motion' and `otherwise' - The process of initiation of contempt proceedings `otherwise', includes a reference made by the subordinate Courts and by a private litigant after seeking consent of the Advocate General - Making of a reference by a subordinate Judge is the initiation of the proceedings for criminal contempt. (173) PLR
Contempt of Courts Act, 1971 (70 of 1971) S. 22(3) - In terms of sub-section (3) of Section 22 of the aforesaid Act, the proceedings before the Debts Recovery Tribunal are judicial proceedings, therefore, the criminal contempt would be maintainable in respect of any interference in the due course of any judicial proceedings discloses criminal contempt (see Section 2(c)(ii)). Sub-clause (iii) of Section 2 deals with obstruction and interference in the administration of justice - Since the proceedings before the Tribunal are judicial proceedings to adjudicate upon the rights of the parties, the Tribunal is administering justice and, therefore, any interference or obstruction in the administration of justice falls within the scope of criminal contempt - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002). (173) PLR