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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 11 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.
Supreme Court of India Cites 8 - Cited by 8 - A Kabir - Full Document

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 26 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.
Supreme Court of India Cites 11 - Cited by 142 - R C Lahoti - Full Document

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 9 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.
Supreme Court of India Cites 22 - Cited by 25 - B S Chauhan - Full Document
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