Judgment Search Results Home > Cases Phrase: contempt of courts act 1971 section 12 punishment for contempt of court Court: orissa Page 1 of about 39 results (0.203 seconds)

Sri Jayadev SwaIn Vs. Vatsala Raghu and anr.

Court : Orissa

Reported in : 2005(I)OLR699

..... mittal's case (supra), this court came to the conclusion that even the jurisdiction of the high court under article 215 of the constitution is also restricted by section 20 of the contempt of courts act, 1971 and this court cannot punish a person for contempt beyond the period of limitation i.e ..... similar question of applicability of limitation prescribed under section 20 of contempt of courts act, 1971 to the powers of this court under article 215 was raised in the case of khemchand agarwal v ..... only applicable to the appeals and it does not apply to the contempt proceedings which is required to be filed within one year from the date of alleged violation as per section 20 of the contempt of courts act, 1971. ..... in consequence, by operation of section 29(2) read with section 3 of the limitation act, limitation stands prescribed as especially law under section 19 of the contempt of courts act and limitation in filing letters patent appeal stands attracted ..... the division bench of this court further opined that section 5 of the limitation act has no manner of application to the proceeding under contempt of courts act.4. ..... section 20 of the contempt of courts act cannot arrest the power of this court conferred on it under article 215 of the constitution ..... since the rules made on the appellate side, either or entertaining the appeals under clause 15 of the letters patent or appeals arising under the contempt of courts, had not expressly excluded, section 5 of the limitation act becomes applicable. .....

Khemchand Agrawal Vs. Commissioner, Irrigation, Presently Designated a ...

Court : Orissa

Reported in : 97(2004)CLT237

..... it has been held in this case by learned single judge of calcutta high court that the contempt of court's act, 1971 cannot define, limit or regulate the high court's power under article 215 to punish for contempt of itself summarily, sections 15 and 20 are ultra vires article 215. ..... but, if section 15 of 1971 act is interpreted in the manner that it provides alternative procedure without impairing the high court's inherent special jurisdiction, so that both the procedures laid down in section 15 as well as high courts' summary jurisdiction to punish for contempt of itself can co-exist, then section 15 may not be held to be ultra vires. ..... relying upon the aforesaid decision of the learned single judge of the calcutta high court, learned counsel for the petitioner contended that the limitation as prescribed by or under section 20 of the 1971 act cannot apply to the power of the high court under article 215 of the constitution to punish for contempt of itself.5. ..... while expressing the view that the constitution does not contain any such provision enabling the legislatures including the parliament to enact a law like contempt of court's act, 1971 so far as its provision relates to the power of the high court to punish for contempt of itself, we are constrained to observe that calcutta high court or the karnataka high court did not take into consideration the effect of the aforesaid provisions of the constitution. .....

State of Orissa Vs. B.N. Som and anr.

Court : Orissa

Reported in : 2007(1)OLR172

..... the distinction between orders passed by the administrative tribunal on matters covered by section 14(1) of the administrative tribunals act and orders punishing for contempt under section 19 of the contempt of courts act read with section 17 of the administrative tribunals act, is this: as against the former there is no remedy of appeal statutorily provided but as against the latter statutory remedy of appeal is provided by section 19 of the contempt of court act itself. 8. ..... the supreme court in the case of l chandra kumar has nowhere said that the orders of the tribunal holding the contemnor guilty and punishing for contempt shall also be subject to judicial scrutiny of the high court under articles 226/227 of the constitution in spite of remedy of statutory appeal provided by section 19 of the contempt of courts act being available. ..... union of india reported in air 1997 sc 7725 has nowhere said that the orders of the tribunal holding the contemnor guilty and punishing him for contempt shall also be subject to judicial scrutiny of the high court under articles 226/227 of the constitution in spite of remedy of statutory appeal provided by section 19 of the contempt of courts act being available.9. ..... the definition of 'criminal contempt' as given in section 2(c) of the contempt of courts act, 1971, reads as follows:2. ..... 1971 read with section 17 of the administrative tribunals act. .....

Shri Nilachal Tandi and ors. Vs. Tapan Kumar Banerjee and ors.

Court : Orissa

Reported in : 2005(I)OLR565

..... on the other hand, if the filing of an application before the subordinate court or the high court, making of a reference by a subordinate court on its own motion or the filing of an application before an advocate general for permission to initiate contempt proceedings is regarded as initiation by the court for the purposes of section 20, then such an interpretation would not impinge on or stultify the power of the high court to punish for contempt which power, dehors the contempt of courts act, 1971 is enshrined in article 215 of the constitution. ..... it is further averred by the opp.parties in their show cause reply that the present application is barred by limitation under section 20 of the contempt of courts act, 1971 as the same has been filed after lapse of more than four years from the date of receipt of the order by the opp.parties (9.10.1998) placing reliance in om prakash jaiswal v. d.k. ..... therefore, the present contempt application is hopelessly barred by limitation under section 20 of the contempt of courts act, 1971.in the result, we dismiss the contempt application.p.k. ..... it is next contended by him that the application is barred by limitation under section 20 of the contempt of courts act, 1971 having been filed about four years after the receipt of the order of this court by the opp.parties.6. ..... adverting to the limitation, we would like to quote section 20 of the contempt of courts act, 1971 which is as follows :'20. .....

Registrar of the Orissa High Court Vs. Baradakanta Misra and anr.

Court : Orissa

Reported in : AIR1973Ori244; 1976CriLJ405

..... (ix) is the contempt of such a nature that it substantially interferes or tends substantially to interfere with the due course of justice within the ambit of section 13 of the contempt of courts act, 1971 (hereinafter to be referred to as the act)? ..... . we have underlined the grossly contemptuous statements : ***** (5) the petitioner in this connection, makes particular mention of the following few events to show that the high court have already contemplated in this departmental proceedings, a very heavy punishment for the petitioner : (i) the high court in their letter dated 26-7-1971 had strongly recommended to the government for the demotion of the petitioner from the post of the district judge, particularly, on account of two lapses of the petitioner, now forming charges 1 ..... committed. it is true that the power to punish for contempt of court is a drastic power exercisable summarily, and should not therefore be resorted to lightly, but to argue that, because a particular act has not been punished in the past as contempt where there is no proof that the act has ever been committed or, at any rate, formed the subject of proceedings, it may not be punishable as contempt when the act has been committed and brought to the notice of the court, is clearly to confuse the principle with the application of the .....

Ganesh Panda Vs. Kailash Auto Finance Ltd. Represented Through Its Bra ...

Court : Orissa

Reported in : 107(2009)CLT277

..... 1 or rule 2 or breach of any term on which the injunction was granted or is made, the court granting the injunction or making the order, or any court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach, to be attached, and may also order such person to be detained in civil prison for a term not exceeding three months.section 2 of the contempt of courts act, 1971 under clause (a) states that contempt of court means 'civil contempt' or 'criminal contempt'. ..... ocrmc has been filed under section 12 of the contempt of courts act, 971 for holding the opposite party guilty of 'civil contempt' and punishing him for alleged violation and deliberate disobedience by him of order passed by this court on march 11, 1998 in ..... the next question is whether for disobedience of the order passed by court the contemner would be liable to be punished.section 94(c) of the code of civil procedure provides that in order to prevent the ends of justice from being defeated, the court may, if it is so prescribed, grant a temporary injunction and in case of disobedience to commit the person guilty thereof to civil prison and order that his property be attached and sold.rule 2a of order xxxix of ..... (1973) 3 all er 54, lord diplock had observed that there was an element of public policy in punishing civil contempt since the administration of justice would be undermined if the order of any court of law could be disregarded with impunity.18. .....

State of Orissa Vs. Bijaya Mohanty

Court : Orissa

Reported in : 75(1993)CLT820; 1993CriLJ3311; 1993(I)OLR509

..... question of sentence, section 12(3) of the contempt of courts act, 1971 may indicate that it is sentence of fine which should normally be awarded when a person is found guilty of civil contempt, as has the opposite party been ; but if a special case is made out to show that sentence of fine would not meet the ends of justice and sentence of imprisonment is necessary, the court should direct detention ..... has been found guilty of civil contempt by this court and punished for the same. ..... to what harm commission of civil contempt causes to the entire system of administration of justice and as to why a strict view on sentence is called for to root out this evil, about which it has been stated that of late it has become akin to cancerous growth, calling for recourse to strong measures to see that justice becomes available to all, who would not get it if lawful orders of competent courts are violated, which would result in ..... the dignity of the court that it punishes or wants to punish a contemner; it is really to preserve the rule of law and the faith of the people in the system of administration of justice that courts come forward to discharge ..... might have believed about the release of the intervenor on bail because of the fact that at one stage a petition for anticipatory bail had been filed by the intervenor in connection with which the case diary had been called for from the police station, which might have led the opposite party to believe that the intervenor might have been released on .....

Shri Pravash Kumar Sahoo and anr. Vs. Shri S.M. Pattnaik

Court : Orissa

Reported in : 99(2005)CLT417

..... learned advocate general submits that the matter was neither placed before the chief justice of the high court for suo motu action nor was there a written consent of the advocate general, which was the statutory requirements of section 15 of the contempt of courts act, 1971, and, therefore, no cognizance could be taken even if the conduct constituted a contempt. ..... section 12 speaks of punishment for contempt of court. ..... under article 215 of the constitution, every high court is a court of record and shall have all powers of such a court including the powers to punish for contempt of itself. ..... the court while considering the issue as to whether the alleged contemnor should be punished for not having complied with the order has to taken into consideration all factors of a particular case. ..... the high court being a court of record, constitution itself empowers to punish for contempt but this power can be defined and limited by law made by parliament and logic and rational can be applied in civil contempt as defined under the act or an inherent contempt contemplated under the constitution. .....

M/S.Ortel Communications Ltd. Vs. Mr.K.Raghuramaya and anr.

Court : Orissa

..... light of the contentions advanced by the learned counsel for the parties as noted hereinabove, it would be necessary for us to note that it is well settled that mere disobedience of an order may not be sufficient to amount to a "civil contempt" within the meaning of section 2(b) of the contempt of courts act, 1971 and the "element of willingness" is an indispensable requirement to substantiate the charge of contempt. ..... laws of england, fourth edition, vol-9 page 27 in the matter of "abuse of process" in general, the following has been mentioned:"the court has power to punish as contempt any misuse of the court's process. ..... the court or the court's officers by deliberately suppressing a fact, or giving false facts, may be a punishable contempt. ..... court, by exercising its statutory powers, its powers under rules of court, or its inherent jurisdiction, can give an adequate remedy, it will not in general punish the abuse as a contempt of court ..... or altering of court documents and other deceits of like kind are punishable as serious contempts. ..... but, on the other hand, it may be necessary to punish as a "contempt", a course of conduct which abuses and makes a mockery of the judicial process and which thus extends its pernicious influence beyond the parties to the action and affects the interest of the public in ..... hand, where an irregularity or misuse of process amounts to an offence against justice, extending its influence beyond the parties to the action, it may be punished as a contempt."8.2. .....

Prasanta Kumar Nayak Vs. Mrs. Harapriya Barik @ Tarai and ors.

Court : Orissa

Reported in : 2007(II)OLR335

..... this petition under section 15 of the contempt of courts act, 1971 has been filed by one prasanta kumar nayak, who describes himself as a member of the indian administrative service (orissa cadre) with a prayer for initiating a suo motu proceeding for criminal contempt against opposite party no. ..... in coming to its finding the hon'ble supreme court held that the contempt of courts act, 1971 'ipso facto' does not deal with the contempt jurisdiction of the supreme court except the procedural mode which is provided in section 15. ..... section 20 of the contempt of courts act is a clear bar for initiation of any proceeding for criminal contempt in respect of those statements. ..... learned counsel submits that the petitioner is invoking the court's jurisdiction under section 15 of the contempt of courts act, but the consent of the advocate general, which is required to be taken before invoking this jurisdiction, has not been obtained. ..... 1 in the year 1999 and 2001, in view of the period of limitation prescribed under section 20 of the contempt of courts act. ..... after considering the materials on record, the provisions of the contempt of courts act and the decision of the supreme court in zahira's case, this court is constrained to hold that it cannot initiate any proceeding for contempt against opposite party no. ..... in that context, the supreme court held that zahira has committed contempt of court and zahira was punished. .....