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circumstances of that case and that principle is not inhibited by any precedent. The precedents serve as guidelines." (Emphasis supplied)

110. The Constitution Bench of this Court in M.Y. Shareef and another v. Hon'ble Judges of the Nagpur High Court and others reported in AIR 1955 SC 19 observed thus:

"10. The proposition is well settled and self-evident that there cannot be both justification and an apology. The two things are incompatible. Again an apology is not a weapon of defence to purge the guilty of their offence; nor is it intended to operate as a universal panacea, but it is intended to be evidence of real contriteness. The appellants having tendered an unqualified apology, no exception can be taken to the decision of the High Court that the application for transfer did constitute contempt because the judges were scandalized with a view to diverting the due course of justice, and that in signing this application the two advocates were guilty of contempt.