Contempt of Courts Act, 1971, Section 2 -- Criminal contempt - Telegraphic communication sent by contemnor contains four biddings - First is command hurled at CJI to step down forthwith from constitutional office - Second is that if command is not obeyed forthwith, CJI would be described as an offender having committed offences of cheating and falsification of records and..........
Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Sentence - Contemnor held guilty of gross criminal contempt - Sentence of imprisonment of six months imposed - Contemnor is heart patient - Held, sentence of imprisonment for six months will stand suspended for period of one month from today - If contemnor would give an undertaking in form of an affidavit to..........
Contempt of Courts Act, 1971, Section 2(b) -- Wilful disobedience - Eviction decree - Appeal to Supreme Court - Interim stay granted - Contemners attempting to enforce decree contrary to order of Court - Stand taken in reply to show cause notice pervaricating - Explanation that tenant did not produce certified copy of order - Not satisfactory to mitigate charge made..........
Suppression of material facts -- Suppression or mis-statement of material facts deliberately - Amounts to criminal contempt...........
Contempt of Courts Act, 1971, Section 12 -- Contempt - Punishment - Order allowing contemnors to withdraw security money only against bank guarantee - Contemnors knowing that there was no subsisting bank guarantee yet withdrew amount - Contemnors continued with its contumacious conduct with impunity even after issuance of contempt notice - Undertaking given to Court was..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal against ex parte decree - Appellant not party to suit but was impleaded in application U.O.39.R.2-A CPC - Appearance in contempt proceedings does not lead to inference about knowledge of passing of the decree - No evidence to prove that appellant came to know about ex parte decree earlier -..........
Contempt of Courts Act, 1971, Section 2 -- Eviction petition - Appeal - Tenant given time to vacate subject to giving undertaking - But no undertaking given - Brother-in-law of tenant filing suit and obtaining interim order - Contempt petition by landlord - Suit withdrawn on coming to know of contempt petition - Affidavit by tenant and his brother-in-law apologising for..........
Contempt of Court -- Criticism of a Judge - Fair criticism is that which while criticising the act of a Judge does not impute any ulterior motive to him...........
Contempt of Court -- Supreme Court Judge alleged to have 'thwarted justice, flouted law, denigrated the face of the judiciary and ridiculed the sanctity of the mandatory provisions and established dictates of law' - - Held, the respondent has by implication attributed ulterior motive to the Judge - Fair criticism is that which while criticising the act of a Judge does not..........
Contempt of Court -- Civil contempt - It must be shown that there has been wilful disobedience of the judgment or order of the Court - Even negligence and carelessness can amount to disobedience particularly when attention of the person is drawn to the Court's orders and its implication - Initiation of contempt proceedings is not a substitute for execution proceedings..........
