Search Results Page
Search Results
1 - 6 of 6 (0.30 seconds)Article 136 in Constitution of India [Constitution]
Section 19 in The Contempt Of Courts Act, 1971 [Entire Act]
The Contempt Of Courts Act, 1971
D.N.Taneja vs Bhajan Lal on 4 May, 1988
2. By bare reading it is no doubt sounds that appeal is maintainable against any judgment or order of a Single Judge in the exercise of original jurisdiction under Section 5(i). But that is a general provision. Question is whether the contempt proceedings which are also filed on original side come within the ambit of the above provision. But, Contempt of Courts Act, 1971 is a self-contained Act providing appeal provision under Section 19 thereof and in view of the said special provision, Section 5 of the Kerala High Court Act is not applicable. Further under Section 19 of the Contempt of Courts Act, appeal is maintainable only against the orders committing the contemnor for contempt and not against the order of discharge. The only remedy in case of discharge of contemnor is to invoke Article 136 of the Constitution by filing an appeal before the Supreme Court. The judgment of the Supreme Court in D.J. Taneja v. Bhajan Lal, (1988) 3 SCC 26, is an authority for the above proposition.
C.P. Paul vs C.P. Susan And Ors. on 6 July, 1999
231, and Paul v. Susan, 1999 (2) KLT 848. But the fact situation in those cases are quite different from the instant one and as such the ratio laid down in those judgments are not applicable to the facts of the case on hand.
1