Contempt Jurisdiction-Power of
Supreme Court/High Court to punish for Contempt of itself-
Whether could be curtailed or abridged by ordinary
legislation or Rules ... Therefore, the constitutionally vested right cannot be
either abridged by any legislation including Contempt of
Courts Act or abrogated or cut down. Nor can they
List No. 3 of the Constitution. The Central Government legislation on. the contempt of court is also related to the same item and the said ... legislate on matters in which the Central Government has already legislated and the said provision is repugnant to the provision of the Contempt- of Courts
applying the test of a reasonable
person. Secondly, the legislative term ‘hatred’ or ‘hatred or
contempt’ must be interpreted to mean the extreme form ... holding that
the right to freedom of expression could be restricted vide
legislation which made racial hatred a criminal offence
held that a deprivation of personal
liberty of any person by a Legislative Assembly of a State
in exercise ... Commons including the
power to punish for its contempt. Art. 208 (1 ) empowers
the Legislative Assembly to make rules regulating its
procedure. As explained
Courts or Magistrates as the case might require and to punish any contempt of a wilful disobedience thereunto by fine and imprisonment ... Section 9 . But here, though the contempt takes place in Calcutta, it is in the first place a contempt of another Court; and under what
doing justice. Equally true that the contempt proceedings do not attract the principles of double jeopardy. The contempt jurisdiction being a special jurisdiction, vests wide ... Constitution and the Contempt of Courts Act . The court exercising contempt jurisdiction has the power to dismiss for default simpliciter a contempt petition and equally
language of this proviso has not undergone any change. The legislative history of the Contempt of Courts Act reveals that the proviso occurred
limitation for initiation of actions for contempt which reads thus :
"No Court shall initiate any proceedings for contempt, either on its own motion ... reading of S. 20 manifests the legislative animation that the proceedings for contempt of Court shall be initiated as expeditiously as possible within a maximum
some consequence to note that the legislative policy is that an order discharging a person charged with contempt of Court is not appealable ... appeal. I am of view that the legislative policy in providing for an appeal only against the order of conviction and not against an order
inquire into or try a contempt of itself. Section 4 deals wit the limit of punishment for contempt of Court, which the High Court ... made in relation thereto be competent legislative authority for India....."
The proceedings by way of contempt in the present case are criminal in nature
