Contempt of Courts Act, 1971, Section 2(c), 11, 12 -- Notice for contempt - Contemner tendering unconditional apology when his defence was rejected - Held, an apology is not a weapon of defence to purge the guilty of their defence - It cannot be termed as unconditional apology and cannot be accepted...........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - The expression `criminal contempt' is wide enough to include any act by a person which tends to interfere with the administration of justice or which would lower the authority of court...........
Contempt of Courts Act, 1971, Section 10, 12, Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Application u/s 311 Cr.P.C. dismissed - Second application filed for recalling a defence witness in which particulars of first application not given - Held, it would not amount to fraud - Hence, no contempt made out...........
Contempt of Courts Act, 1971, Section 12 -- Violation of directions of Supreme Court - High Court has no jurisdiction to entertain contempt petition - Petition dismissed as withdrawn with liberty to file petition in the Supreme Court in accordance with law. It is held that this Court has no jurisdiction to entertain the present petition filed by the petitioners for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Jurisdiction of Court passing order when challenged or doubted - Held, (i) Pending decision on the question of its jurisdiction to entertain suit, Civil Court has jurisdiction to pass interim orders or interim injunction, as the case may be; (ii) All the interlocutory orders passed in..........
Criminal trial -- Filing a petition for contempt of Court - Does not oust the jurisdiction of Criminal Court - Commission of a penal offence and contempt of Court are entirely in different domain...........
Consumer Protection Act, 1986, Section 17 -- Complaint maintainability - Insured hoardings - Compensation - In the matter of alleged illegal removal of hoardings writ petition and contempt filed against the Municipal Corporation which do not have direct bearing on its claim for award of compensation from Insurance Company - National Commission assigning reason for refusing..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Exercise of power U.O.39.R.2-A CPC is punitive in nature, akin to the power to punish for civil contempt under the Contempt of Courts Act, 1971 - It has to be proved that there was an order of injunction with a direction to do or desist from doing some specific thing or act - It has to be proved that..........
Contempt of Courts Act, 1971, Section 14, 12 -- Contempt of Court - Shouting, using offensive, intemperate and abusive language and throwing chappal at the Judges - (As per Arijit Pasayat, J.) - There is no need to issue a notice as contemnors stated in open Court that they stand by what they have said and did in Court - Sentenced to three months SI - (As per Asok Kumar..........
