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1 - 10 of 11 (0.25 seconds)Section 15 in The Contempt Of Courts Act, 1971 [Entire Act]
Bal Thackrey vs Harish Pimpalkhute & Ors on 29 November, 2004
12) In Bal Thackrey vs. Harish Pimpalkhute & Anr., AIR
2005 SC 396, this Court held that in absence of the consent of
the Advocate General in respect of a criminal contempt filed by
a party under Section 15 of the Act, taking suo motu action for
contempt without a prayer, was not maintainable.
Amicus Curiae vs Prashant Bhusan & Anr on 10 November, 2010
13) However, in Amicus Curiae vs. Prashant Bhushan and
Anr., (2010) 7 SCC 592, this Court has considered the earlier
judgments and held that in a rare case, even if the cognizance
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is deemed to have been taken in terms of Rule 3(c) of the Rules
to Regulate Proceedings for Contempt of the Supreme Court,
1975, without the consent of the Attorney General or the
Solicitor General, the proceedings must be held to be
maintainable in view of the fact that the issues involved in the
proceedings had far reaching greater ramifications and impact
on the administration of justice and on the justice delivery
system and the credibility of the court in the eyes of general
public.
Om Prakash Jaiswal vs D.K. Mittal & Anr on 22 February, 2000
23) We have already pointed out that while dealing with
criminal contempt in terms of Section 2(c) of the Act, strict
procedures are to be adhered. In a series of decisions, this
Court has held that jurisdiction to initiate proceedings for
contempt as also the jurisdiction to punish for contempt are
discretionary with the court. Contempt generally and criminal
contempt certainly is a matter between the court and the
alleged contemnor. No one can compel or demand as of right
initiation of proceedings for contempt. The person filing an
application or petition before the court does not become a
complainant or petitioner in the proceedings. He is just an
informer or relator. His duty ends with the facts being
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brought to the notice of the court. It is thereafter for the court
to act on such information or not. [Vide Om Prakash Jaiswal
vs. D.K. Mittal, (2000) 3 SCC 171] Further Section 15 of the
Act as well as the Madras High Court Contempt of Court Rules
insist that, particularly, for initiation of criminal contempt,
consent of the Advocate General is required. Any deviation
from the prescribed Rules should not be accepted or condoned
lightly and must be deemed to be fatal to the proceedings
taken to initiate action for contempt. In the present case, the
above provisions have not been strictly adhered to and even
the notice issued by the then Division Bench merely sought for
explanation from the appellant about the allegations made by
Respondent No. 1.
Article 215 in Constitution of India [Constitution]
Article 225 in Constitution of India [Constitution]
Section 14 in The Contempt Of Courts Act, 1971 [Entire Act]
R.S. Sujatha vs State Of Karnataka & Ors on 29 November, 2010
10) In exercise of the powers conferred on the High Court
under Articles 215 and 225 of the Constitution of India and in
terms of Section 23 of the Act, the Madras High Court
Contempt of Court Rules, 1975 (in short `the Rules') have been
framed. The said Rules prescribe procedure for initiating
contempt and various steps to be adhered to. By drawing our
attention to the Rules, Mr. Ganguli, learned senior counsel for
the appellant submitted that Rules 4 and 8 have not been
complied with. By emphasizing the principles in paras 12 and
16 of the decision of this Court in R.S. Sujatha vs. State of
Karnataka & Ors., 2010 (12) Scale 556, learned senior
counsel submitted that the contempt proceedings being quasi
criminal in nature require strict adherence to the procedure
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prescribed under the rules applicable to such proceedings. He
also pointed out that while sending notice, relevant documents
have not been enclosed and the consent of Advocate General
was not obtained for initiating contempt proceedings against
the appellant. Insofar as the documents referred to being
certain orders of the court, no serious objection was taken
note of for not sending the same.