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: Contempt of Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Suo Moto Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Courts Act, 1971: Contempt of Court – Tendering of affidavits and undertaking containing false statement, if amounts to criminal contempt – On facts, custody of child given to the father, Kenyan citizen with Indian origin, with visitations rights given to the mother – Father submitted to the jurisdiction of Indian courts in his affidavits and undertook to honour and comply with the orders of the Court – However, did not comply and inspite of several summons and orders, did not appear before Court nor brought the son to India; and also obtained orders of this Court by practising fraud upon the Court – Therefore, the Court recalled its earlier judgment passed in favour of the father and in suo moto exercise of power, initiated proceedings in contempt jurisdiction against the father – Held: A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court – Court not only has the inherent power but it would be failing in its duty if the alleged contemnor is not dealt with in contempt jurisdiction for abusing the process of the Court – Prima facie observation that the father was guilty of having committed criminal contempt of court apart from the contempt for violating express undertakings given to the courts, including this Court – Thus, held guilty under the Contempt of Courts Act. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2022 INSC 706 |
Petitioner | In Re: Perry Kansagra |
Respondent | In Re: Perry Kansagra |
SCR | [2022] 13 S.C.R. 207 |
Judgement Date | 2022-07-11 |
Case Number | 3 |
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