Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act 1971 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Contempt of Courts Act, 1971: Contempt petition-Arose as a result of the litigation spirit of the parties-Merits of-Held : This, by itself, should not affect the merits of the contentions raised. Section 2(c)-False statement on oath--Contemnor deliberately made a false statement on oath before the Supreme Court-Held : Amounts to contempt of court. Section 2(c)-Criminal contempt- Administration of justice- lnterference with-field : Whether or not a person has obtained a definite advantage in making a false statement is immaterial in deciding whether the person has committed contempt of court-However, it is a relevant factor for D imposing tile quantum of punishment. Section 2(c) and 13-Punishment-'Due course of justice"- lnterference with-Scope of-Held : Substantial interference is necessary before imposition of punishment. Section 2(c) and 13--Punishment-Quantum of-Held: Depends upon particular facts and circumstances of each individual case-No generalised guidelines can be laid down-However, accepted norm is: more serious the violation, more severe is the punishment. Section 13-Punishment -Positive assertion off act deliberately made in an affidavit before the Supreme Court knowing it to be false with a view to gaining a possible advantage-Unconditional apology tendered-Held : This, by itself, would not exonerate the contemnor- ln the circumstances of the case, imposition of fine of Rs. 2,500 on each contemnor would sub-serve the ends of justice.Words and Phrases : "Due course of justice"-Meaning of-In the context of S.13 of the Contempt of Court Act, 1971. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2000 INSC 243 |
Petitioner | Murray And Co. |
Respondent | Ashok Kr. Newatia And Anr. |
SCR | [2000] 1 S.C.R. 367 |
Judgement Date | 2000-01-25 |
Case Number | 378 |
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