Augustine Toppo and ors. Vs. State of Bihar

.....record including the power to punish for its contempt. this special jurisdiction is inherent in a court of record from the very nature of the court itself. the said special power is not subject to the procedural law either of the criminal procedure code or the contempt of courts act. the high court can deal with the matter summarily and can adopt its own procedure. however, if the high court initiates the proceeding as a court of record, principle of natural justice must be applied and the contemner should be given sufficient opportunity to know the accusation and to defend himself. in the instant case, the contemner was served with the notice to show cause. he was well aware of the accusation. he also admitted his guilt. in view thereof, contention of the contemner lawyer that he was not heard on merit of the contempt application and the impugned judgment of punishing petitioner in contempt of court is violative of principles of natural justice, is not tenable. article 215: contempt proceedings review of conviction held, it is the solemn duty of the bench and bar to maintain and uphold the majesty, authority and dignity of the courts for the sustenance and progress of democracy in our country particularly at the juncture when there are number of instances of outside attempt to disintegrate and destroy the democratic set up of our country. such conduct of a member of the bar brings the authority of the court and the administration of justice into disrespect, erodes and undermine the foundation of the judiciary by shaking faith and confidence of the people in the ability of the courts to deliver free and fair justice, it is a deliberate attempt to insult the high court and denigrate the authority and solemnity and court strongly deprecate such attempt made with biased attitude. such indiscriminate allegations against judges, who are the members of the bench, cannot be a ground for review of the impugned judgment. punishment of prohibiting appearance of..........succession certificate for those amounts. on behalf of the applicants, some witnesses were examined and after taking evidence of the parties, the learned court below has allowed the prayer in part.3. heard learned counsel for the parties.4. during the course of hearing, learned counsels appearing for their respective parties argued that the judgment of the learned court below be set aside and case be remanded back for points raised in this appeal will be considered by the learned court below and a fresh order may be passed in accordance with law considering the points raised in the appeal.5. in that view of the matter, the impugned order dated 17.9.1998, passed in succession case no. 163 of 1995 is hereby set aside, so far as rejection order is concerned and the matter is remanded back to the learned court below for fresh consideration as the amount lying in bank to the tune of rs. 99,825/- will actually be paid to the legal heirs of the depositor and the learned court below after considering the facts, will pass order in accordance with law and will dispose of the matter within three months from the date of receipt of copy of his order.6. with this observation/directions, this misc. appeal is disposed of.