Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
5 months ago

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court

Live Law  

On December 24, 2019, the division bench of the high court stated that the respondent must be reinstated in service with all consequential benefits. However, the division bench rejected the Letters Patent Appeal as not being maintainable stating that the appeal would not be maintainable since no punishment was imposed by the single judge and the observations made by the single judge were not construed as crystallising any right in favour of the respondent, as the two requirements under Section 19. The issue that fell before the Supreme Court was whether the Letters Patent Appeal against the order of singe judge was maintainable. The court held that the specific findings of the single judge that the two authorities were guilty of contempt for the willful disobedience of the directions passed by the division bench dated December 24, 2019 and that the respondent would be entitled to promotion needs to be determined in regards to Section 19. In this regard, the court held: “Reading the entirety of the order of the single judge, it is clear that besides holding that the appellants were guilty of contempt of court, there is a crystallized finding that the respondent herein was entitled to promotion as IG, in any event with effect from 2021.” The court held that although the issue of whether the authorities were guilty of contempt is not amenable to Section 19, the finding that the respondent was entitled to promotion to the rank of IG was amenable to an appeal in terms of the law laid down in Midnapore Peoples'Bank Ltd.

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Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 weeks, 2 days ago

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

Live Law  

The Delhi High Court has imposed a cost of Rs. In reality, while the petitioner ostensibly seeks contempt proceedings, it is attempting to secure a judicial review of the investigation methodology through the back door, which cannot be entertained.” Background: The petitioner-company, Forech India Pvt Ltd, was investigated by the CCI regarding alleged existence of a bid-rigging cartel in the …

Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court
Trending News
4 weeks ago

Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court

Live Law  

In a significant judgment, the Supreme Court observed that contempt jurisdiction is not confined only to violation of express judicial directions but also extends to acts which are intended to frustrate court proceedings or bypass the eventual judgment. Even in the absence of such specific mandates, the deliberate conduct of parties aimed at frustrating court proceedings or circumventing its eventual …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
4 weeks, 1 day ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

'Contempt Power Can't Be Used To Execute Orders' : Supreme Court Explains Scope Of Contempt Jurisdiction
1 month ago

'Contempt Power Can't Be Used To Execute Orders' : Supreme Court Explains Scope Of Contempt Jurisdiction

Live Law  

The Supreme Court held that the contempt jurisdiction cannot be invoked to execute a decree or implement an order. That the Court hearing a contempt petition ought to restrict the scope of its enquiry to such directions which are explicit in the judgment or orders of which contempt has been alleged." The judgment added that the Court exercising contempt jurisdiction …

Ambiguity In Court's Order Absolute Defence To Contempt Action: Delhi High Court
1 month, 1 week ago

Ambiguity In Court's Order Absolute Defence To Contempt Action: Delhi High Court

Live Law  

The Delhi High Court has observed that in cases of contempt of court, if the court's order or directions are unclear, this can serve as an absolute defence against a contempt action. It stated that the court's directives in relation to which breach or disobedience is alleged should be “clear and unequivocal.” The Court also observed that if there is …

Supreme Court Stays Contempt Proceedings In Gujarat High Court Against Judicial Officer
1 month, 1 week ago

Supreme Court Stays Contempt Proceedings In Gujarat High Court Against Judicial Officer

Live Law  

The Supreme Court recently stayed the contempt proceedings in the Gujarat High Court initiated against a judicial officer, an Additional Senior Civil Judge. The judicial officer approached the Supreme Court challenging the order of the Gujarat High Court which allowed his addition as a respondent in a contempt petition filed by a person who alleged that he was illegally arrested …

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court
1 month, 3 weeks ago

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
1 month, 4 weeks ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
1 month, 4 weeks ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
1 month, 4 weeks ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Special Appeals Against Contempt Court Order Maintainable Only When Finding On Merits Of Original Dispute Is Returned: Allahabad High Court
3 months, 2 weeks ago

Special Appeals Against Contempt Court Order Maintainable Only When Finding On Merits Of Original Dispute Is Returned: Allahabad High Court

Live Law  

The Allahabad High Court has held that Special Appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 are maintainable against order of the Single Judge in Contempt jurisdiction only when the Contempt Court oversteps its jurisdiction and enters into merits of the original dispute between the parties. The interpretation of each case must consider the specific …

Delhi High Court issues contempt of court notice to Wikipedia on ANI's contempt plea
4 months ago

Delhi High Court issues contempt of court notice to Wikipedia on ANI's contempt plea

Op India  

On Thursday, 5th September, the Delhi High Court sent a notice in response to a contempt petition brought by ANI Media Private Limited. According to the news organisation, Wikipedia permitted defamatory alterations on its page that labelled ANI the current government’s “propaganda tool.” Wikipedia was previously summoned by the high court to provide details regarding the three individuals who altered …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
4 months, 3 weeks ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order
4 months, 4 weeks ago

Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order

Live Law  

The Supreme Court today sought an explanation from the Chief Judicial Magistrate, Patiala House Court in Delhi for prima facie violating the Top Court's order. However, despite the Supreme Court suspending the proceedings, the CJM continued the proceedings, following which the police officers visited the house of the wife in Chandigarh for arrest. Taking a serious view of this, the …

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court
5 months ago

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday expunged the observations made by a single judge bench of the Punjab and Haryana High Court against the apex court in a contempt case, saying they were "scandalous" and "unwarranted".A five-judge bench headed by Chief Justice of India D Y Chandrachud, however, refused to initiate proceedings against Punjab and Haryana High Court Judge …

SC bench to hear Punjab HC’s criticism of its order
5 months ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
5 months ago

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance

New Indian Express  

NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter. The case titled 'In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues' will be heard by a bench …

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court
5 months, 2 weeks ago

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court

Live Law  

The Supreme Court, through its order dated July 19, reiterated that the compliance of an order under threat of contempt cannot take away the right of the party to challenge the same order. “This Court made it clear that compliance of an order under threat cannot take away the right of a party as available to challenge the same, in …

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court
5 months, 3 weeks ago

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court

Live Law  

The Delhi High Court bench of Justice C. Hari Shankar has held that once an Arbitral Tribunal is in place, ordinarily a court should refrain from dealing with the matter even for the purposes of passing interlocutory orders unless the order is demonstrably one which cannot await the application of mind by the Arbitral Tribunal. If party is able to …

Decoding deepfakes: A look at Indian judiciary’s stance
6 months, 3 weeks ago

Decoding deepfakes: A look at Indian judiciary’s stance

Hindustan Times  

Human Intelligence created artificial intelligence which creates deepfakes. The high court explained: “We may take judicial notice of the fact that we are living in the era of deepfakes and, therefore, this is an aspect that the appellant/husband, perhaps, would have to prove by way of evidence before the Family Court.” The specific use of the term deepfake by the …

Special Appeal/ Letters Patent Appeal Against Order U/S.11 Of Arbitration Act Not Maintainable: Allahabad High Court
7 months, 3 weeks ago

Special Appeal/ Letters Patent Appeal Against Order U/S.11 Of Arbitration Act Not Maintainable: Allahabad High Court

Live Law  

The Allahabad High Court has held that by virtue of Section 11 of the Arbitration and Conciliation Act, 1996, special appeal and letters patent appeal against orders passed under Section 11, and of the Act is not maintainable. Section 11 of the Arbitration and Conciliation Act, 1996 bars any appeal, including letters patent appeals against an order passed under Section …

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application
10 months ago

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

Live Law  

The Delhi High Court bench comprising Justice Manoj Kumar Ohri held that the Section 9 application under Arbitration and Conciliation Act, 1996 cannot act as res judicata for Section 17 application when the withdrawal of Section 9 application is conditional between the parties. Feeling aggrieved, DTC approached the Delhi High Court and filed Section 37 application challenging this order, asserting …

When Party Violates Status Quo Order, Contempt Proceedings Must Be Initiated Than Merely Vacating Interim Order : Supreme Court
11 months, 1 week ago

When Party Violates Status Quo Order, Contempt Proceedings Must Be Initiated Than Merely Vacating Interim Order : Supreme Court

Live Law  

The Supreme Court recently, in a case where the status quo order qua possession of the suit premises was wilfully violated, held that the same amounts to civil contempt. “Violation of the status quo condition in the stay order stood complete, even as per the High Court, and vacating of the stay order did not have the effect of restoring …

'Need to maintain Dignity & Reputation Of Judicial Officers': Supreme Court Upholds Conviction Of Advocate In Contempt Case
11 months, 1 week ago

'Need to maintain Dignity & Reputation Of Judicial Officers': Supreme Court Upholds Conviction Of Advocate In Contempt Case

Live Law  

The Supreme Court, while convicting an advocate in a seventeen-year-old criminal contempt case, reiterated that an apology must be evidence of remorse for the contemptuous acts. The Division Bench of Justices Vikram Nath and PS Narasimha was hearing an appeal of one Gulshan Bajwa, a lawyer, who was convicted by the Delhi High Court of criminal contempt. Besides, the High …

Supreme Court Asks Lawyer Imprisoned For Contempt Of Court To Tender Apology Before Judges
11 months, 4 weeks ago

Supreme Court Asks Lawyer Imprisoned For Contempt Of Court To Tender Apology Before Judges

Live Law  

The Supreme Court on Friday asked a lawyer, who was sentenced to six months imprisonment by the Delhi High Court for contempt of court, to tender an unconditional apology before the judges against whom he made objectionable remarks. She pointed out that even in cases where more grave allegations have been made, the Supreme Court has let off contemnors with …

Contempt | Delhi High Court Sentences Lawyer To 6 Months In Jail For Making 'Scandalous Imputations' Against Judges In Pleading
1 year ago

Contempt | Delhi High Court Sentences Lawyer To 6 Months In Jail For Making 'Scandalous Imputations' Against Judges In Pleading

Live Law  

The Delhi High Court yesterday sentenced a lawyer to six months in jail after finding him guilty of contempt of court for making “contumacious allegations” and “scandalous imputations” against judges of the High Court as well as District Courts in a criminal appeal filed by him on behalf of a rape survivor. A division bench of Justice Suresh Kumar Kait …

Repeated summons to officials for contempt contrary to Constitution’s scheme: SC
1 year ago

Repeated summons to officials for contempt contrary to Constitution’s scheme: SC

Hindustan Times  

The Supreme Court on Wednesday called summoning government officials repeatedly for contempt contrary to the Constitution’s scheme and issued a standard operating procedure about summons for their presence in courts. The order came on the Union government’s appeal against an April 2023 Allahabad high court order directing the state finance secretary and another official to be taken into custody for …

Judicial System Can't Function If Parties Are Allowed To Resile From Their Undertaking Without Any Reasons: Delhi High Court
1 year ago

Judicial System Can't Function If Parties Are Allowed To Resile From Their Undertaking Without Any Reasons: Delhi High Court

Live Law  

The Delhi High Court has observed that the judicial system cannot function if the parties are permitted to resile from the undertaking given by them without any reasons. Justice Jasmeet Singh said that there is solemnity and seriousness attached to court proceedings and parties cannot give undertakings without intending to honour them, or at least, they must make sincere and …

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court
1 year, 1 month ago

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court

Live Law  

Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM while conducting inquiry u/s 202 Cr.P.C. “At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of …

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge
1 year, 3 months ago

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge

Live Law  

The Delhi High Court on Monday refused to pass a gag order in the criminal contempt proceedings initiated by it against a litigant who demanded that death penalty be imposed on a sitting judge who dismissed his pleas.As the counsel representing the State requested that the hearings in the matter be held in-camera and orders be not made public, Justice …

Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'
1 year, 4 months ago

Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'

Live Law  

The Delhi High Court has issued show cause notice for criminal contempt to a litigant who sought death penalty for a single judge for dismissing his pleas and made 'whimsical and objectionable allegations' not only against the judge but also the government officials as well as the Supreme Court of India.“These averments, extracted hereinabove, are prima facie aimed at scandalising …

Delhi High Court Orders Criminal Contempt Action Against Man For Making 'Scandalous Remarks' Against Family Court Judge In Pleadings
1 year, 4 months ago

Delhi High Court Orders Criminal Contempt Action Against Man For Making 'Scandalous Remarks' Against Family Court Judge In Pleadings

Live Law  

The Delhi High Court has directed its Registry to register a case of criminal contempt against a man for making scandalous allegations against a Principal Judge of a family court in the national capital. “The Registry is directed to register a case of Criminal Contempt against the petitioner and subject to the orders of Hon’ble the Chief Justice, place the …

Supreme Court Stays Delhi HC Order Sentencing Business Tycoon’s Son To 3 Months Prison For Not Paying Maintenance To Ex-Partner
1 year, 5 months ago

Supreme Court Stays Delhi HC Order Sentencing Business Tycoon’s Son To 3 Months Prison For Not Paying Maintenance To Ex-Partner

Live Law  

The Supreme Court recently stayed the order of the Delhi High Court which sentenced the son of a business tycoon to three months simple imprisonment for failing to pay maintenance to his former partner.The Court also stayed the High Court direction to issue a Look Out Circular against the appellant. The Supreme Court recently stayed the order of the Delhi …

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023
1 year, 5 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 5 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

Allahabad High Court Weekly Round-Up: June 26 To July 02
1 year, 6 months ago

Allahabad High Court Weekly Round-Up: June 26 To July 02

Live Law  

NOMINAL INDEX Kul Bhushan Mishra And Another vs. State Of U.P. Intra-Court Appeal Not Maintainable Against Single Judge's Order Declining To Initiate Contempt Proceedings: Allahabad High Court Case title - Vinod Kumar Gupta And Another vs. Sri Veer Bahadur Yadav, S.D.M. And Another Case Citation: 2023 LiveLaw 198 The Allahabad High Court observed that an intra-court appeal is not maintainable …

HC contempt order on senior officials of Delhi govt
1 year, 8 months ago

HC contempt order on senior officials of Delhi govt

Hindustan Times  

The Delhi high court has held the city chief secretary, special commissioner, and the labour secretary guilty of contempt of court for willfully disobeying orders passed by its division bench in December 2017. In the order passed on April 21, justice Rekha Palli noted that even though the government’s review petition and the special leave petition filed in the Supreme …

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody
1 year, 8 months ago

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody

The Hindu  

The Supreme Court on April 20 directed the forthwith release of two senior IAS officers with the Uttar Pradesh administration, Shahid Manzar Abbas Rizvi and Sarayu Prasad Mishra, from judicial custody in a contempt of court case. A Bench headed by Chief Justice of India D. Y. Chandrachud, on an urgent mentioning by the Uttar Pradesh government, immediately stayed the …

Supreme Court Expresses Disapproval Of NGT Principal Bench Hearing Cases From Western Zone; Warns Of Contempt Action
1 year, 9 months ago

Supreme Court Expresses Disapproval Of NGT Principal Bench Hearing Cases From Western Zone; Warns Of Contempt Action

Live Law  

The principal bench of the National Green Tribunal should know its limitations, said the Supreme Court on Monday. While expressing disapproval over the principal bench of the tribunal allegedly continuing to hear cases arising from the western zone in which they had taken suo motu cognisance, despite the top court’s strictures, Justice BR Gavai said: “There is a specific mandamus …

Delhi High Court Sentences Lawyer To 6 Months Jail For Contempt Of Court, Seeks Action Taken Report From Bar Council
1 year, 9 months ago

Delhi High Court Sentences Lawyer To 6 Months Jail For Contempt Of Court, Seeks Action Taken Report From Bar Council

Live Law  

The Delhi High Court on Thursday sentenced a lawyer to six months of simple imprisonment after finding him guilty of contempt of court for not complying with the judicial orders directing him to pay the use and occupation charges to the landlord in respect of a property situated in Kingsway Camp area.Observing that it is a fit case where any …

Courts Should Not Summon Appearance Of Officials At The “Drop Of The Hat”: Supreme Court
1 year, 10 months ago

Courts Should Not Summon Appearance Of Officials At The “Drop Of The Hat”: Supreme Court

Live Law  

The Supreme Court recently highlighted that Courts should practise restraint while summoning government officials while hearing contempt cases. “This Court has repeatedly held that while it is open to the High court to come to any conclusion on the basis of the pleadings and materials available on record, it is not open to the Court to summon the appearance of …

Moratorium Under Companies Act, 2013, Parties Cannot Be Referred To Arbitration: Delhi High Court
2 years ago

Moratorium Under Companies Act, 2013, Parties Cannot Be Referred To Arbitration: Delhi High Court

Live Law  

The Delhi High Court has ruled that the moratorium granted by the National Company Law Appellate Tribunal, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process is initiated against it under Sections 241 and 242 of the Companies Act, 2013, is akin to an order of moratorium passed under Section 14 of the Insolvency …

Judiciary Not Immune From Criticism But Action Must Be Taken When Based On Distorted Facts To Intentionally Lower Court's Dignity: Delhi High Court
2 years, 5 months ago

Judiciary Not Immune From Criticism But Action Must Be Taken When Based On Distorted Facts To Intentionally Lower Court's Dignity: Delhi High Court

Live Law  

While observing that Judiciary is not immune from criticism, the Delhi High Court has observed that such criticism cannot be based on distorted facts or gross misrepresentation of material averments to intentionally lower its dignity and respect.Justice Jasmeet Singh, who was dealing with an appeal raising allegations against Trial Court and High Court judges, issued notice to the. While observing …

"Stronger The Judge, Worse The Allegations" : Supreme Court Deprecates Lawyer's Conduct Against Judge; Upholds Contempt Sentence
2 years, 7 months ago

"Stronger The Judge, Worse The Allegations" : Supreme Court Deprecates Lawyer's Conduct Against Judge; Upholds Contempt Sentence

Live Law  

The Supreme Court on Monday rejected a challenge against a High Court's judgment which punished an advocate for contempt of court. A vacation bench comprising Justices DY Chandracud and Bela M Trivedi was hearing a special leave petition against the Madras High Court's order holding an advocate guilty of Contempt and sentencing him to 2 weeks imprisonment as well as …

[Contempt] Democratic Fabric Of Society Will Suffer If Respect For Judiciary Is Undermined: Delhi High Court
2 years, 7 months ago

[Contempt] Democratic Fabric Of Society Will Suffer If Respect For Judiciary Is Undermined: Delhi High Court

Live Law  

Observing that the purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law, the Delhi High Court has said that the democratic fabric of society will suffer if respect for the judiciary is undermined.Justice Subramonium Prasad observed thus:"The purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law, …

"Incumbent Upon Govt Servants To Promptly Comply With Judicial Orders": Andhra Pradesh HC Sentences 3 IAS Officers To One Month Jail For Contempt
2 years, 8 months ago

"Incumbent Upon Govt Servants To Promptly Comply With Judicial Orders": Andhra Pradesh HC Sentences 3 IAS Officers To One Month Jail For Contempt

Live Law  

The Andhra Pradesh High Court recently sentenced 3 IAS officers to one month jail for contempt of court while observing that it is incumbent on Government servants to ensure that the orders of this Court are complied with promptitude. By an order in 2019, the court had directed the respondents to consider the candidature of the petitioner to the said …

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court
2 years, 8 months ago

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that a Court exercising contempt jurisdiction cannot test correctness or otherwise of the order or give additional direction or delete any direction. " Brief facts of the case The Contempt Case was filed under Sections 10 to 12 of the Contempt of Courts Act, 1971 by petitioners for wrongful disobedience of the order …

Subordinate Court Can't Assume Jurisdiction Under Contempt Of Courts Act: Delhi HC Sets Aside Trial Court Order Issuing Show Cause To CBI Director
2 years, 8 months ago

Subordinate Court Can't Assume Jurisdiction Under Contempt Of Courts Act: Delhi HC Sets Aside Trial Court Order Issuing Show Cause To CBI Director

Live Law  

The Delhi High Court on Tuesday set aside a Trial Court order issuing show cause notice to the Director of Central Bureau of Investigation to explain why not a reference of Contempt of Court be made by him against the respective officers of the agency for the purported non-compliance of judicial orders. "A subordinate court on its own cannot assume …

Third Party Not Absolved From Contempt If They Are Informed That Their Conduct Amounts To Violation Of Court Order: Delhi High Court
2 years, 8 months ago

Third Party Not Absolved From Contempt If They Are Informed That Their Conduct Amounts To Violation Of Court Order: Delhi High Court

Live Law  

The Delhi High Court on Tuesday observed that disobedience of an order of the Court, if permitted, will result in striking at the root of the rule of law on which our system of governance is based. The Bench was dealing with a contempt petition filed for wilful disobedience of the Order dated 14.03.2012, passed by the High Court in …

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