Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court
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3 months, 2 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 decision may amount to contempt. "Thus, the mere conduct of parties aimed at frustrating the court proceedings or circumventing its decisions, even without an explicit prohibitory order, constitutes contempt. Also from the judgment- Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power : Supreme Court Case : Celir LLP v. Ms Sumati Prasad Bafna and others Citation : 2024 LiveLaw 991

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History of this topic

Advocate General's Order Declining Sanction To Initiate Criminal Contempt Not Subject To Challenge In Court: Kerala High Court
4 weeks, 2 days ago

Advocate General's Order Declining Sanction To Initiate Criminal Contempt Not Subject To Challenge In Court: Kerala High Court

Live Law  

The Kerala High Court held that refusal of sanction by the Advocate General for initiating criminal contempt proceedings under Section 15 of the Contempt of Courts Act of 1971 is not justiciable. “In the light of the emphatic proclamation of the law in Joseph Kuzhijalil's case, an order declining sanction by the learned Advocate General under Section 15 of the …

NCLT Can Punish For 'Civil Contempt' Of Its Orders U/S 425 Of Companies Act Read With S. 12 Of Contempt Of Courts Act: NCLT Ahmedabad
1 month, 1 week ago

NCLT Can Punish For 'Civil Contempt' Of Its Orders U/S 425 Of Companies Act Read With S. 12 Of Contempt Of Courts Act: NCLT Ahmedabad

Live Law  

The National Company Law Tribunal, Ahmedabad bench comprising Justice Shammi Khan and Mr. Sameer Kakar have held that NCLT has the power to punish for its contempt under section 425 of the Companies Act, 2013 read with section 12 of the Contempt of Courts Act, 1971. 1 in non-compliance of the directions of the Tribunal and without notice to the …

Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power : Supreme Court
3 months, 2 weeks ago

Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power : Supreme Court

Live Law  

The Supreme Court has held that the Courts can set aside a sale transaction, which was carried out in violation of its directions, as void in the exercise of its contempt jurisdiction. The Court held that although a sale transaction carried out during the pendency of court proceedings would not become void due to the operation of the doctrine of …

'Contempt Power Can't Be Used To Execute Orders' : Supreme Court Explains Scope Of Contempt Jurisdiction
3 months, 3 weeks 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
3 months, 4 weeks 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 …

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
7 months, 3 weeks 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 …

Mere Delay In Complying Court's Order Doesn't Amount To Contempt Unless It's Deliberate & Wilful: Supreme Court
1 year, 1 month ago

Mere Delay In Complying Court's Order Doesn't Amount To Contempt Unless It's Deliberate & Wilful: Supreme Court

Live Law  

Recently, the Supreme Court has observed that a mere delay in complying with the order of the court would not amount to committing contempt of court. “We are of the view that mere delay in complying with the order, unless there is a deliberate or wilful act on the part of the alleged contemnors would not attract the provisions of …

Judicial System Can't Function If Parties Are Allowed To Resile From Their Undertaking Without Any Reasons: Delhi High Court
1 year, 3 months 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 …

'Wilful' Disobedience For Contempt Excludes Casual, Bona Fide Acts, Does Not Encompass Negligent Actions: Delhi High Court
1 year, 3 months ago

'Wilful' Disobedience For Contempt Excludes Casual, Bona Fide Acts, Does Not Encompass Negligent Actions: Delhi High Court

Live Law  

The Delhi High Court has observed that “wilful” disobedience of a judicial order by a contemnor excludes casual, accidental, bona fide or unintentional acts or genuine inability. “Committal or sequestration will not be ordered unless contempt involves a degree of default or misconduct,” the court said. The petitioner entity moved a contempt plea against the Managing Director of SVOGL Oil …

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court
2 years, 11 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 …

Third Party Not Absolved From Contempt If They Are Informed That Their Conduct Amounts To Violation Of Court Order: Delhi High Court
2 years, 11 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 …

Subordinate Court Cannot Initiate Contempt Proceedings Itself, Can Only Make Reference To High Court: Delhi High Court Reiterates
3 years ago

Subordinate Court Cannot Initiate Contempt Proceedings Itself, Can Only Make Reference To High Court: Delhi High Court Reiterates

Live Law  

The Delhi High Court has reiterated that the subordinate court can only make a reference to the High Court and that it cannot initiate contempt proceedings by itself. Justice Anu Malhotra placed reliance on the judgments delivered by the Delhi High Court in Nusrat Ali v. State & Anr., Rajeev Mittal v. Sanjay Goel and Neville A Mehta v. Sanjay …

Contempt Jurisdiction Would Not Cease Merely Because Order Is Executable : Supreme Court
3 years ago

Contempt Jurisdiction Would Not Cease Merely Because Order Is Executable : Supreme Court

Live Law  

The Supreme Court observed that the jurisdiction of a Court under the Contempt of Courts Act would not cease, merely because the order or decree of which contempt is alleged, is executable. In this regard, the court observed thus: "Further, it is trite law that the jurisdiction of a Court under the Act, would not cease, merely because the order …

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case
3 years, 2 months ago

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

Live Law  

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not …

Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court
3 years, 2 months ago

Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court

Live Law  

The Rajasthan High Court, Jaipur Bench has observed that a contempt proceeding would not be maintainable, if two interpretations are possible, and if the action in question is not contumacious. " " It is not in dispute that as far as directions to allow the petitioner to join services as Female Health Worker had already been complied with and further …

Tempting To Contempt – Authentic Or Anathematic?
3 years, 2 months ago

Tempting To Contempt – Authentic Or Anathematic?

Live Law  

Scandalising the court Lord Atkin, the famous British Judge while dealing with a contempt case in 1936, observed: "Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men." Justice Ruma Pal, a former Judge of the Supreme Court, flayed the use of contempt, where she said, "Judges …

No law can take away court’s power to punish for contempt: Supreme Court
3 years, 6 months ago

No law can take away court’s power to punish for contempt: Supreme Court

Hindustan Times  

Even Parliament can’t take away the power of the Supreme Court to punish for contempt, the top court ruled on Wednesday, stressing that the authority is bestowed by the Constitution itself, and therefore no law can be enacted to mitigate or nullify it. The Supreme Court said the authority is bestowed by the Constitution itself, and therefore even parliament cannot …

'Constitutional' Power To Punish For Contempt Cannot Be Taken Away Even By Legislative Enactment: Supreme Court
3 years, 6 months ago

'Constitutional' Power To Punish For Contempt Cannot Be Taken Away Even By Legislative Enactment: Supreme Court

Live Law  

The Supreme Court observed that its power to punish for contempt is a constitutional power which cannot be abridged or taken away even by legislative enactment.Motivated and calculated attempts to bring down the image of the judiciary in estimation of public and impair the administration of justice must bester themselves to uphold their dignity and the majesty of law, the …

Only Wilful And Deliberate Disobedience To Court's Order Amounts To Contempt: Supreme Court
4 years, 2 months ago

Only Wilful And Deliberate Disobedience To Court's Order Amounts To Contempt: Supreme Court

Live Law  

The Supreme Court has observed that before before punishing a person for non-compliance of the decision of the Court, the Court must not only be satisfied about the disobedience of any judgment, decree, direction, writ or other process but should also be satisfied that such disobedience was wilful and intentional.The bench comprising Justices AM Khanwilkar and BR Gavai observed thus …

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court
4 years, 2 months ago

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court on Wednesday observed that an implementing party could not be made liable for proceedings under the Contempt of Court Act, for non-compliance of a judicial order, if such an order cannot be complied with, practically. The Bench of Justice Augustine George Masih observed, " there is an automatic provision of the erasing of the …

[Contempt Hearing Against Yatin Oza] Gujarat HC Rejects Intervention Application Filed by A Lawyer, But Takes On Record Material Produced By Him [Read Order]
4 years, 7 months ago

[Contempt Hearing Against Yatin Oza] Gujarat HC Rejects Intervention Application Filed by A Lawyer, But Takes On Record Material Produced By Him [Read Order]

Live Law  

The Gujarat High Court on Wednesday deemed it appropriate to take notice of materials circulated by GHCAA President Yatin Oza on the WhatsApp group of the High Court advocates, as disclosed by Advocate Amit Panchal who sought intervention in the suo motu criminal contempt proceedings pending against Oza. The bench framed the following three aspects for its consideration: 1) Whether …

The Hindu Explains | What is contempt of court?
4 years, 8 months ago

The Hindu Explains | What is contempt of court?

The Hindu  

The story so far: Contempt of court, as a concept that seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority, is back in the news in India. This follows the initiation of contempt proceedings by the Supreme Court of India, on its own motion, against advocate-activist …

Court & Contempt: Dissent From The Bar
4 years, 9 months ago

Court & Contempt: Dissent From The Bar

Live Law  

On 9th June, 2020, a Division Bench of the Gujarat High Court led by Justice Sonia Gokani took suo motu cognizance of the statements made by Mr. Yatin Oza, President of the Gujarat High Court Advocates Association and proceeded to initiate criminal contempt proceedings against him. Previously, the Gujarat High Court, in Suo Motu v. Nandlal Thakkar, Advocate has taken …

If Contempt Is In The Face Of Court, Judges Can Take Immediate Action Without Issuing Notice: SC [Read Judgment]
6 years ago

If Contempt Is In The Face Of Court, Judges Can Take Immediate Action Without Issuing Notice: SC [Read Judgment]

Live Law  

To hold Advocate Mathews Nedumpara guilty of contempt, the Supreme Court followed the dictum that when contempt is in the face of court, summary procedure can be followed to inflict punishment "then and there". The bench made reference to the precedents Leila David v. State of Maharashtra, 10 SCC 337 and Ram Niranjan Roy v. State of Bihar & Ors., …

Contempt Jurisdiction Can't Be Invoked On The Basis Of Impressions Drawn By Litigants About Court Order: SC [Read Judgment]
6 years, 2 months ago

Contempt Jurisdiction Can't Be Invoked On The Basis Of Impressions Drawn By Litigants About Court Order: SC [Read Judgment]

Live Law  

The Supreme Court, while dismissing a contempt petition, observed that contempt jurisdiction cannot be invoked on the basis of impressions about a court order drawn by the litigants, but only when there is willful disobedience to the court orders.In Badri Vishal Pandey vs. Rajesh Mittal, some former employees of U.P. The Supreme Court, while dismissing a contempt petition, observed that …

Contempt Action Without Framing Of Charges Not Sustainable : SC [Read Judgment]
6 years, 6 months ago

Contempt Action Without Framing Of Charges Not Sustainable : SC [Read Judgment]

Live Law  

"The appellant ought to succeed on the singular ground that the High Court unjustly proceeded against him without framing formal charges or furnishing such charges to him", held the SC.The Supreme Court has set aside the conviction and sentence imposed by the Delhi High Court under the Contempts of Court Act 1971, holding, inter-alia, that formal charges were not framed …

SC Closes Contempt Against Kerala Lawyer After High Court Finally Accepts His Apology [Read Order]
6 years, 8 months ago

SC Closes Contempt Against Kerala Lawyer After High Court Finally Accepts His Apology [Read Order]

Live Law  

The Supreme Court has closed contempt proceedings initiated by the Kerala High Court against advocate CK Mohanan as he filed an affidavit expressing unconditional regret before the high court.A division bench of Justice PN Ravindran and Justice Dama Seshadri Naidu had initiated suo motu contempt proceedings initiated against advocate CK Mohanan for his alleged contumacious behaviour during. The Supreme Court …

Judge Loya Case - Conduct Of Petitioners & Intervenors Prima facie Constitutes Contempt, But We Have Chosen Not To Initiate Proceedings: SC
6 years, 11 months ago

Judge Loya Case - Conduct Of Petitioners & Intervenors Prima facie Constitutes Contempt, But We Have Chosen Not To Initiate Proceedings: SC

Live Law  

We rest in the hope that the Bar of the nation is resilient to withstand such attempts on the judiciary. The judiciary must continue to perform its duty even if it is not to be palatable to some., the Bench said.The Supreme Court bench headed by Chief Justice of India Dipak Misra, while dismissing the Public Interest Litigation seeking probe …

SC should put in place mechanism for corrective measures, not initiate contempt proceedings against judges
7 years, 2 months ago

SC should put in place mechanism for corrective measures, not initiate contempt proceedings against judges

Firstpost  

The Supreme Court, as is the case with any higher court, has a power to reprimand anyone who it finds is in its contempt. The question whether the press conference held by four senior judges is contempt of court, has to be answered in the negative, in a strictly legal sense. In the current crisis, if contempt proceedings are initiated …

Contempt Notice Not To Be Issued In Routine Manner: Delhi HC [Read Judgment]
7 years, 8 months ago

Contempt Notice Not To Be Issued In Routine Manner: Delhi HC [Read Judgment]

Live Law  

Contempt proceedings cannot be likened to proceedings inviting interrogatories, the court observed.The Delhi High Court has observed that notice on contempt petitions is not to be issued in a routine manner and would be justified only if the court prima facie feels that possible contempt might have been committed.Justice C Hari Shankar was considering an application seeking initiation of. The …

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]
7 years, 9 months ago

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]

Live Law  

‘A high court cannot initiate contempt proceedings or punish for contempt of the Supreme Court’.The Punjab and Haryana High Court has recently refused to entertain a contempt petition alleging violation of Supreme Court directives in Arnesh Kumar vs State of Bihar.Justice Rajan Gupta said such a contempt petition alleging violation of Supreme Court directives will not be maintainable. The Punjab …

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]
7 years, 9 months ago

Punjab & Haryana HC Refuses To Entertain Contempt Petition Alleging Violation Of SC Directives [Read Order]

Live Law  

‘A high court cannot initiate contempt proceedings or punish for contempt of the Supreme Court’.The Punjab and Haryana High Court has recently refused to entertain a contempt petition alleging violation of Supreme Court directives in Arnesh Kumar vs State of Bihar.Justice Rajan Gupta said such a contempt petition alleging violation of Supreme Court directives will not be maintainable. The Punjab …

Refusal To Answer Court Queries Isn’t Criminal Contempt: SC [Read Judgment]
8 years, 4 months ago

Refusal To Answer Court Queries Isn’t Criminal Contempt: SC [Read Judgment]

Live Law  

The Supreme Court in Kuldeep Kapoor & Ors vs. Court on its Motion, has observed that a litigant refusing to answer a question put to him by the Court does not constitute criminal contempt of Court.A three-judge bench comprising Justice Anil R Dave, Justice Rohinton Fali Nariman and Justice AM Khanwilkar opined so while setting aside a Delhi High Court …

HC Action Against Contempt Of Subordinate Court, Only By Reference Or By AG’s Motion: SC [Read Judgment]
8 years, 6 months ago

HC Action Against Contempt Of Subordinate Court, Only By Reference Or By AG’s Motion: SC [Read Judgment]

Live Law  

The Supreme Court in Vilas V. Sanghai vs. Sumermal Mishrimal Bafna & Anr., has set aside a High Court order in a contempt proceedings against a police officer on a limited ground that, since the criminal contempt was of a subordinate Court, the High Court could have taken action only on a reference made to it by the subordinate Court …

Supreme Court set aside contempt proceedings against ONGC chairman and managing director, advises high court to exercise contempt powers with care and thoughtfulness [Read Judgment]
11 years, 1 month ago

Supreme Court set aside contempt proceedings against ONGC chairman and managing director, advises high court to exercise contempt powers with care and thoughtfulness [Read Judgment]

Live Law  

A Supreme Court bench of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh while setting aside the contempt proceedings initiated by the Madras High Court on January 19, 2012 against ONGC chairman and managing director Sudhir Vasudeva for not obeying with its order for creating excessive posts of a marine assistant radio operator, stated that under …

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