Judgment Search Results Home > Cases Phrase: contempt of courts act 1971 section 12 punishment for contempt of court Page 1 of about 3,110 results (0.188 seconds)

D.Gurusamy .Vs. Dr.Shanthini Kapoor Ias, and ors.

Court : Chennai

..... the petitioner herein seeks to punish the respondents under section-11 of the contempt of courts act, 1971, for having violated the order, dated 26.10.1999, passed in w.p. ..... but while examining the grievance of the person who has invoked the jurisdiction of the court to initiate the proceeding for contempt for disobedience of its order, before any such contemner is held guilty and punished, the court has to record a finding that such disobedience was wilful and intentional. ..... before a contemner is punished for non-compliance of the direction of a court, the court must not only be satisfied about the disobedience of any judgment, decree, direction or writ but should also be satisfied that such disobedience was wilful and intentional. ..... the court while considering the issue as to whether the alleged contemner should be punished for not having complied with and carried out the direction of the court, has to take into consideration all facts and circumstances of a particular case. ..... respondent in the contempt proceedings states that, in obedience to the orders of this court, the period of suspension was treated as duty for the specific purpose of calculation of eligible dcrg and leave salary, it is not open for them to restrict the resolution passed in the 75th board meeting to say that he was not eligible for back-wages for the period of suspension on the ground that he was not fully exonerated in view of imposition of punishment of annual increment cut for one year without .....

Rantosh Dhar Vs. Sashi Prakash and anr.

Court : Guwahati

..... 296 of 1997 and, therefore, they are liable to be punished for civil contempt under section 12 of the contempt of courts act, 1971 read with article 215 of the constitution of india. ..... this non-introduction of the three-shift duty system within any period of time cannot by itself be termed to be an act of civil contempt within the meaning of clause (b) of section 2 of the contempt of courts act, 1971. ..... the apex court in air 1965 sc 745 observed that a court should never forget that the power to punish for contempt large as it is, must always be exercised cautiously, wisely and with ..... is significant to notice is that the sole purpose of the law is to punish for any acts or words, which tend to interfere in the administration of justice. ..... before proceeding further to examine whether there has been any such contempt of court, as alleged, it is necessary to notice the directions contained in the two orders aforementioned ..... view of the above it is to be concluded that there-has been no wilful disobedience, by the respondents, of the orders of this court aforementioned and, therefore, this contempt proceeding does not appear to have any merit. ..... ramachandran wrote:the concept of contempt proceeding is not meant to protect the judges personally but that it is conceived for safeguarding the honour of the seal of justice which must never be allowed to be ridiculed or interfered with so as to make the common man feel that the halo of divinity and justice is always kept pure and unsullied and .....

Zahid Hussain Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... learned counsel appearing for the appellant, by referring to section 19 of the contempt of courts act, 1971, submits that the appeal is very much maintainable as the contempt appeal does not only against the decision of the court inflicting punishment for contempt but also against any order passed by the court in contempt petition and thereby this appeal is maintainable as the appeal is directed against the order by which contempt petition has been dismissed. ..... thus, it is evident that any direction issued or decision made by the court on the merits of the dispute between the parties, will not be in the exercise of jurisdiction to punish for contempt and, therefore, that is not appealable under section 19 of the contempt of courts act, 1971. ..... from the perusal of section 19(1) of the contempt of courts act, 1971, one would find that only that order/decision would lead to appeal when it relates to punishment for contempt. ..... limit the powers of certain courts in punishing contempt of courts and to regulate their procedure thereto and under the procedure laid down, the aggrieved person is only obliged to bring to the knowledge to the court that the certain order passed by this court has not been complied with and thereafter, the issue remains in between the contemnor and the court and, therefore, in this event, only when an order of punishment is passed in contempt petition, the appeal can be filed under section 19 of the contempt of courts act, 1971. .....

Mohd. Mahmood and ors. Vs. A. Ramalakshman

Court : Andhra Pradesh

Reported in : 1994(3)ALT709a; 1994(2)APLJ74

..... we are in respectful agreement with the aforesaid decisions of this court and we are also of the view that an appeal under section 19 of the contempt of courts act, 1971, lies only against the order of punishment and an informer or a person who moves the court for action being taken under the contempt of courts act, 1971, against another person, is not a person aggrieved and an appeal at his instance is not maintainable. 13. ..... it is contended by the learned advocate-general that a contempt appeal under section 19 of the contempt of courts act, 1971, is maintainable only at the instance of the person punished for contempt and not by any other person including the informers. ..... this passage is not applicable to the law of contempt as practised here as section 19 of the contempt of courts act, 1971, gives right of appeal only to a person punished for contempt and to no other person. 19. ..... this contempt appeal under section 19 of the contempt of courts act, 1971, is directed against the judgment and order dated 26-9-1994 in contempt case no. ..... in this decision, no provision akin to the provisions contained in section 19 of the contempt of courts act, 1971, was considered. 17. .....

The Judge, Ii Labour Court Vs. Shri R.S. Pande and Another

Court : Mumbai

Reported in : 1998BomCR(Cri)568; 1998CriLJ1892; [1998(79)FLR625]; 1998(1)MhLj877

..... section 12 of the contempt of courts act, 1971 reads thus :--'12 punishment for contempt of court (1) save as otherwise expressly provided in this act or in any other law, a contempt of court may be punished with simple imprisonment for a term which my extend to six months, or with fine which may extend to two thousand rupees or with both; provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.....'15. ..... 1 is guilty of an offence punishable under section 12 of the contempt of courts act, 1971. ..... pande, is guilty of an offence punishable under section 12 of contempt of courts act, 1971.2. ..... a perusal of section 2 of the contempt of courts act, 1971 shows that contempt of court may be of two types :---civil contempt as defined by section 2(b) and criminal contempt as defined by section 2(c).6. ..... it should be borne in mind that although under section 12 of the contempt of courts act, 1971 the court has the power to impose a jail sentence, which may extend to six months of simple imprisonment, ordinarily, the court does not impose a jail sentence. ..... pande is found guilty of committing criminal contempt as defined by section 2(c)(ii) of the contempt of courts act, 1971 and is sentenced to pay a fine rs. ..... pande, hereinafter referred to as the contemnor, is guilty of committing the offence of criminal contempt as defined by section 2(c)(ii) of the contempt of courts act, 1971.13. .....

Shri A.S. Chatha Vs. Malook Singh and ors.

Court : Punjab and Haryana

Reported in : 1994CriLJ3034; (1994)105PLR43

..... 1206, the supreme court once again reiterated its earlier view and observed:'only those-orders of decisions in which some point is decided or finding is given in the exercise of jurisdiction by the high court to punish for contempt, are appealable under section 19 of the contempt of courts act, 1971.'12. ..... power of the high court under article215 to punish for contempt of itself is analogous to article 129 which confers similar power on the supreme court prior to the enactment of the contempt of courts act, 1971, it was unequivocally recognised that the high court has inherent power to deal with the contempt of itself summarily and to adopt its own procedure subject of course to the compliance of rules of natural justice. ..... patwalia, learned counsel for the respondents, argued that the letters patent appeal by the appellant is not maintainable in view of the plain and unambiguous language of section 19 of the contempt of courts act, 1971. mr. ..... it appears to us that the legislature by restricting the right of appeal under section 19(1) of the act only to cases where an order of punishment had been recorded in exercise of its jurisdiction to punish for contempt and not in cases where the court refused to punish for contempt was actuated by the common sense policy of preventing vexatious litigation. .....

Jaisinh Jodhabhai Vaisya and Grofed Employees Union Vs. Laxmanbhai Ars ...

Court : Gujarat

Reported in : 2001CriLJ2002; (2001)IILLJ511Guj

..... following the ratio of the decision of the supreme court in income tax appellate tribunal (supra) we hold that this court has power to punish under article 215 and the contempt of courts act, 1971, not only for contempt of itself but also for contempt of all courts and tribunals subordinate to it including labour courts and industrial tribunals. ..... vinay chandra misra, reported in : 1981crilj283 , was cited for the proposition that the phrase 'courts subordinate to it' as used in section 10 of the contempt of courts act, 1971 was wide enough to include all courts which are judicially subordinate to the high court. ..... observed that the labour court was not a court subordinate to the high court in the sense that the contempt of courts act makes provision requiring the high court to deal with contempt of its subordinate courts and had struck off the contempt proceedings before the high court.1.1 the division bench in muljibhai bhurabhai's case, followed the decision in alahar co-operative credit service society's case and held that the labour courts and industrial tribunals were not courts within the meaning of section 10 of the contempt of courts act. .....

Sharad Bansilal Vakil Vs. Suo Motu

Court : Gujarat

Reported in : (2006)2GLR1707

..... : 2005crilj678 , the hon'ble supreme court has held that from a conspectus of the provisions contained in the contempt of courts act, 1971, it would be clear that by virtue of section 13-b of the mrtp act, the commission has been empowered to exercise all the powers to punish for contempt which have been conferred upon a high court and the same have to be exercised in the manner prescribed under the act. ..... orissa high court : 1976crilj944 , the hon'ble supreme court has held that only those orders or decisions in which some point is decided or finding is given in the exercise of jurisdiction by the high court to punish for contempt, are appealable under section 19 of the contempt of courts act, 1971. ..... section 19 of the contempt of courts act, 1971, provides that an appeal shall lie as of right from any order or decision of the high court in exercise of its jurisdiction to punish for contempt. ..... when the learned single judge noticed that the phone of the appellant had started ringing in the court, he issued notice to the appellant calling upon him to show cause as to why he should not be punished under the contempt of courts act, 1971 (hereinafter referred to as 'the act') for ignoring the directions given by that court that nobody should bring his working mobile phone in the court so as to allow his mobile phone to ring. .....

Committee of Management, National Inter College, Mau and Another Vs. S ...

Court : Allahabad

Reported in : 2000(1)AWC765

..... today on merits in the writ petition itself, he is directed to comply with the aforesaid interim stay order dated 30.4.1998 passed by the high court in the writ petition aforesaid within a month from today and to appear in person on 24.1.2000 before the appropriate bench dealing with contempt matters and disclose on affidavit in what manner he has complied with the interim stay order dated 30.4.1998 or show cause why he should not be punished for committing contempt of court under section 12 of the contempt of courts act, 1971.29. ..... , in the writ petition aforementioned from which this contempt case has arisen which is punishable under section 12 of the contempt of courts act, 1971. ..... 14887/98 and is accordingly convicted under section 12 of the contempt of courts act, 1971 and is sentenced to pay a fine of rs. ..... scc (l&s;) 849, that the apex court has got to balance the dignity of the court in requiring obedience to its orders as against the performance of an act contrary to rules compelled by the court's direction and that the law of contempt is based on sound public policy by punishing any conduct which shakes the public confidence in the administration of justice, in that case, an order for granting ad hoc promotion to the respondent to the post of associate professor was passed for being carried out as a interim order .....

A.P. Verma, Principal Secretary, Medical Health and Family Welfare, U. ...

Court : Allahabad

Reported in : 1998(3)AWC2264; (1998)3UPLBEC2333

..... orissa high court, air 1976 sc 1206:'.....only those orders or decision in which some point isdecided or finding is given in the exercise of jurisdiction by the high court to be punished for contempt are appealable under section 19 of the contempt of courts act, 1971. ..... 955 of 1993 under sections 10and 12 of the contempt of courts act, 1971 (hereinafter referred to as the act) praying that this court may initiate contempt proceedings against the opposite parties for having wilfully flouted the judgment and order dated 3.2.1993 passed in civil misc ..... as the preamble shows, the contempt of courts act, 1971, has been enacted to define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation ..... sri ashok khare, learned counsel for the respondents in this appeal (writ petitioners and applicants in the contempt petition) has vehemently urged that the learned single judge had not imposed any punishment and has merely called upon the appellants to comply with the judgment and order dated 3.2.1993 of the writ petition and, therefore, the present appeal is not maintainable under section 19 of the contempt of courts act or even under chapter viii. ..... by section 19, the act has created a right of appealfrom an order or decision of the court imposing punishment for contempt. ..... section 19 of the act lays down that an appeal shall he as of right from any order or decision of the high court in exercise of its jurisdiction to punish for contempt. .....