Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contempt of Court:Contempt proceedings - Held: Proceedings of contemptare quasi criminal in nature and the burden and standard ofproof required is the same as in criminal cases -ยท Chargeshave to be proved beyond reasonable doubt and allegedcontemnor becomes entitled to the benefit of doubt as it wouldbe very .hazardous to impose sentence in contemptproceedings on some probabilities. Contempt petition - Filed under Art. 215 of the Constitution - On the a/legation of suppression of facts byrespondents before Special Judge dealing with bailapplication of contempt-petitioner - Held: Power under Art.215 of the Constitution can be exercised only in accordancewith the procedure prescribed by Jaw - High Court wasrequired to examine as to whether proper procedure wasadopted in bringing the petition under Art. 215 of theConstitution and as to whether the limitation as prescribed u/s 20 of the 1971 Act was attracted in the case - High Court did not advert to any of such issue of paramount importance- More so, no reasoning has been given to reach aconclusion that no deliberate attempt was made byrespondents to cause any prejudice to appellant - As both the parties had raised issues on facts as well as on Jaw, High Court ought to have dealt with the case adverting to allrelevant issues, particularly, when appellant had made anallegation that his liberty had been jeopardised by respondents by interfering with the course of justice by misleading the court - Judgment and order impugned is set aside and the case remitted to the High Court to decide itafresh answering all the factual and legal issues raised by theparties - Contempt of Courts Act, 1971 - s.20 - Constitutionof India, 1950 - Art.215. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 771 |
Petitioner | Ashok Kumar Aggarwal |
Respondent | Neeraj Kumar & Anr. |
SCR | [2013] 12 S.C.R. 457 |
Judgement Date | 2013-11-22 |
Case Number | 1839 |
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