Single Bench of Kerala High Court doubts the correctness of a DB Judgment [Read Judgment]
A Single Bench of Kerala High Court presided over by Justice Dama Seshadri Naidu has doubted the correctness of the judgment rendered by a Division Bench led by the then Chief Justice of Kerala High Court, Dr. Manjula Chellur in the case of Jyothilal K. R. v. Mathai M.J., reported in 2014 KLT 147. Jyothilal's case however concludes that it is only a Division Bench which can initiate contempt proceedings and if it finds that no prima facie case is made out or if it differs in its opinion from that of the Single Judge with regard to the prima facie case, it can dismiss the contempt petition or drop the proceedings. Only after learned Single Judge finds that a prima facie case is made out, the petition would be placed before a Division Bench for a preliminary hearing as per R.8 of the Contempt of Courts Rules. Hence, as opposed to the Rules, Jyothilal's case contemplates issuance of a notice only at the third stage, after the Division Bench has been satisfied that a prima facie case has been made out.
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