Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel
7 months, 2 weeks ago

Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel

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The Kerala High Court has imposed an exemplary cost of Rs. The contempt petition was filed alleging that the judicial officer colluded with an advocate and parties in disobeying the directions of the High Court in a case being contested by the contempt applicant. “To hurl allegations of contempt against the lawyer appearing for the plaintiffs, as also, plaintiffs 1 and 3, to say the least, is grossly unbecoming, besides bereft of any bonafides or merits.” The Court observed that the Supreme Court did not contemplate frivolous complaints when it held in S. K. Sarkar v Vinay Chandra Misra that a responsible member of the legal profession can apply to initiate contempt proceedings. “The Honourable Supreme Court afforded a special advantageous position to a contempt being moved by a responsible member of the legal profession. Little would have the Honourable Supreme Court thought of a member of the profession stooping down to the extent, as exhibited in the instant facts.” The Court noted that even his clients of the contempt-applicants were not made parties to the contempt proceedings even though the petitioner was just the counsel for the parties and not the party- in the concerned case.

History of this topic

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