Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court
2 years, 11 months ago

Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court

Live Law  

The Delhi High Court has observed that the power to issue notices for contempt of subordinate courts rests solely with the High Court exercising jurisdiction over it.Justice Amit Bansal observed,"Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings be not initiated. The Delhi High Court has observed that the power to issue notices for contempt of subordinate courts rests solely with the High Court exercising jurisdiction over it. Justice Amit Bansal observed, " Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings be not initiated. On the issue of contempt notices, the High Court elucidated, "In view of Sections 10 and 15 of the Contempt of Courts Act, 1971, only High Courts have the power to take cognizance in respect of contempt of courts subordinate to it."

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History of this topic

'Contempt Power Can't Be Used To Execute Orders' : Supreme Court Explains Scope Of Contempt Jurisdiction
2 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 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 …

Supreme Court Stays Contempt Proceedings In Gujarat High Court Against Judicial Officer
3 weeks, 2 days 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, 1 week 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 …

Special Appeals Against Contempt Court Order Maintainable Only When Finding On Merits Of Original Dispute Is Returned: Allahabad High Court
2 months, 4 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
3 months, 2 weeks 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 Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order
4 months, 1 week 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 …

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
4 months, 2 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 …

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court
5 months, 1 week 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 …

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 …

Allahabad High Court Issues Contempt Notice To A DSP Who Told His Name To A Judicial Magistrate In A 'Discourteous' Manner
1 year, 2 months ago

Allahabad High Court Issues Contempt Notice To A DSP Who Told His Name To A Judicial Magistrate In A 'Discourteous' Manner

Live Law  

The Allahabad High Court last week issued a show cause contempt notice to a Deputy Superintendent of Police for showing disrespect to a Judicial Magistrate and telling his name to the court in a discourteous and contemptuous manner. The bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi issued the show cause notice to Rajesh Kumar Tiwari, …

Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'
1 year, 3 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 …

Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court
1 year, 7 months ago

Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court

Live Law  

The Delhi High Court has observed that mere averment or a bald allegation is not sufficient to initiate contempt proceedings or issuance of show cause notice against a person. Justice Chandra Dhari Singh said that the disobedience must be “wilful and beyond a casual or accidental genuine inability” to comply with the terms of the judicial order. The court made …

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 …

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 …

Delhi HC contempt notice to lawyer who disrupted proceedings for 45 mins
2 years ago

Delhi HC contempt notice to lawyer who disrupted proceedings for 45 mins

Hindustan Times  

New Delhi Lawyer Shakti Chand Rana has been asked reply to a show cause notice on or before January 30, 2023. The Delhi high court on Monday issued a show cause notice to a lawyer, seeking to know why contempt proceedings should not be initiated against him for allegedly misbehaving with a sitting judge and disrupting court proceedings on December …

High Court Cannot Review The Order Passed Under Section 11 Of The A&C Act: Delhi High Court
2 years ago

High Court Cannot Review The Order Passed Under Section 11 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that the High Courts cannot review an order passed under Section 11 of the A&C Act as the Act does not contain any provision for review. The Court held that unlike the Supreme Court which by virtue of Article 137 enjoys the inherent power of review, there is no such power conferred on …

Supreme Court Issues Contempt Notice To Advocate ML Sharma & AoR For Scandalising High Court In Petition
2 years, 1 month ago

Supreme Court Issues Contempt Notice To Advocate ML Sharma & AoR For Scandalising High Court In Petition

Live Law  

The Supreme Court on Friday took serious objection to the averments in a petition which attributed motives to a division bench of the Madhya Pradesh High Court in deciding a case and issued contempt notice to the lawyers connected with the Special Leave Petition- Advocate ML Sharma, Advocate-on-Record Deepak Goel.The Court also issued contempt notice to Vijay Singh, Assistant Accountant. …

Delhi High Court Issues Contempt Notice To Registrar Listing For 'Demeaning' Authority Of Court
2 years, 2 months ago

Delhi High Court Issues Contempt Notice To Registrar Listing For 'Demeaning' Authority Of Court

Live Law  

The Delhi High Court on Tuesday issued a show cause notice to its Registrar asking the officer to explain why contempt proceedings be not initiated against him for failing to discharge his official duty and "outrightly demeaning the authority of court". "The Registrar is accordingly directed to file his reply to Show Cause within four weeks from today," said Justice. …

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC
2 years, 4 months ago

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC

Live Law  

"The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster," the Delhi High Court has observed. Justice C Hari Shankar further added that if the High Court starts interfering with …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 4 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC
2 years, 5 months ago

High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC

Live Law  

The Delhi High Court has observed that the supervisory jurisdiction under Article 227 of the Constitution of India cannot be exercised by High Courts to monitor the progress of cases before lower courts. "It is not possible for this Court, exercising jurisdiction under Article 227 of the Constitution of India, to monitor the progress of cases before the fora below," …

[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, …

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court
2 years, 7 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 …

Absence Of Rule Of Law Propels A Country Towards Inevitable Ruin, Duty Of Court To Take Strict View Of Non-Compliance Of Judicial Orders: Delhi HC
2 years, 7 months ago

Absence Of Rule Of Law Propels A Country Towards Inevitable Ruin, Duty Of Court To Take Strict View Of Non-Compliance Of Judicial Orders: Delhi HC

Live Law  

Observing that the absence of rule of law or the presence of utter disregard for the rule of law propels a country towards inevitable ruin, the Delhi High Court has said that it is the duty of the Court to take a strict view when there is non-compliance of judicial orders.Justice Subramonium Prasad added that the Courts should not hesitate …

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 …

Subordinate Court Cannot Initiate Contempt Proceedings Itself, Can Only Make Reference To High Court: Delhi High Court Reiterates
2 years, 9 months 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
2 years, 9 months 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 …

Delhi High Court Issues Notice On Contempt Application Filed By Telecom Watchdog Citing Interference With Administration Of Justice
3 years, 3 months ago

Delhi High Court Issues Notice On Contempt Application Filed By Telecom Watchdog Citing Interference With Administration Of Justice

Live Law  

The Delhi High Court today issued notice on an application for initiation of contempt, filed by Telecom Watchdog in the case pertaining to grant of telecom contracts to private players under the Universal Services Obligation, allegedly without conducing a tender process.The contempt petition is filed against Secretary, DoT; Deputy Administrator, USO Fund, DoT; and certain Police. The Delhi High Court …

Personal Service Of Contempt Notice Is An Essential Requirement Of Law; Service Through Office Not Sufficient: Allahabad High Court
3 years, 6 months ago

Personal Service Of Contempt Notice Is An Essential Requirement Of Law; Service Through Office Not Sufficient: Allahabad High Court

Live Law  

The Allahabad High Court has held that under the Contempt of Court Act, 1971, affecting of personal service on the alleged contemner is an essential requirement. The Bench also provided that, "in case the officer concerned effecting service feels any difficulty in service of the contempt notice upon the alleged contemnor personally then the said fact would clearly be indicated …

Breaking: Centre Moves Supreme Court Against Delhi HC's Show Cause Notice On It's Failure Of Oxygen Supply To Delhi, CJI Directs To Place Before Chandrachud.J's Bench
3 years, 7 months ago

Breaking: Centre Moves Supreme Court Against Delhi HC's Show Cause Notice On It's Failure Of Oxygen Supply To Delhi, CJI Directs To Place Before Chandrachud.J's Bench

Live Law  

Central Government has moved Supreme Court against Delhi High Court Order to show cause why contempt action should not be taken against Centre for non-compliance of its order of May 1 and Supreme Court order regarding supply of Oxygen to Delhi Government.SG Tushar Mehta mentioned before the Supreme Court on Thursday the Centre's plea arising out of a Delhi High …

"We Are Not Overtaking The Powers Of High Courts Or The Executive": Read The Full Courtroom Exchange In Supreme Court's Suo Motu Covid Matter
3 years, 7 months ago

"We Are Not Overtaking The Powers Of High Courts Or The Executive": Read The Full Courtroom Exchange In Supreme Court's Suo Motu Covid Matter

Live Law  

Having taken suo moth cognisance of the COVID- related issues in the country, the Supreme Court on Tuesday clarified that it does not intend to supplant or substitute the High Courts in their dealing of the practical issues and problems in their territories. We are on the national issues, the broader issues of a systematic nature, the issues which are …

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court
3 years, 10 months ago

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court

Live Law  

The Kerala High Court has held that a Single Judge Bench can take cognizance and decide civil contempt petition.The Division Bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly struck down Rule 6 of the Contempt of Courts Rules as ultra vires to the Constitution of India and Section 19 of the Contempt of Courts Act. The …

Delhi High Court Stays Trial In 'Larger Conspiracy Case' Till Further Orders
4 years, 1 month ago

Delhi High Court Stays Trial In 'Larger Conspiracy Case' Till Further Orders

Live Law  

The Delhi High Court on Tuesday stayed the trial in the "larger conspiracy" case in the Northeast Delhi violence which took place in February 2020. ASJ, Karkardooma Court's orders Significantly, on October 9, the ASJ, Karkardooma Court Amitabh Rawat had directed the police to file fresh copies of the charge sheet, running over 18,000 pages, after it was informed to …

[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, 4 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 …

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till August 14 [Read Order]
4 years, 4 months ago

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till August 14 [Read Order]

Live Law  

The Delhi High Court has decided to continue with the current mode of restricted functioning in light of the extension of the nationwide lockdown. As per the decision taken by the Administrative and Supervision Committee of the Delhi High Court, the restrictive functioning of the courts subordinate to the High Court will also be extended till August 14. It has …

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till July 15 [Read Order]
4 years, 5 months ago

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till July 15 [Read Order]

Live Law  

The Delhi High Court has decided to continue with the current mode of restricted functioning in light of the extension of the nationwide lockdown. As per the decision taken by the Administrative and Supervision Committee of the Delhi High Court, the restrictive functioning of the courts subordinate to the High Court will also be extended till July 15. It has …

Court & Contempt: Dissent From The Bar
4 years, 6 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 …

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till June 30 [Read Order]
4 years, 6 months ago

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till June 30 [Read Order]

Live Law  

The Delhi High Court has decided to continue with the current mode of restricted functioning in light of the extension of the nationwide lockdown. As per the decision taken by the Administrative and Supervision Committee of the Delhi High Court, the restrictive functioning of the courts subordinate to the High Court will also be extended till June 30. It has …

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