Supreme Court on Deeds and Documents (1950 to 2019)

This unique and classic compendium covers the law as laid down by the Supreme Court on ‘Deeds and Documents’ from 1950 to 2019* and the entire Supreme Court case-law of the provisions of Ss. 61 to 100 of the Evidence Act, 1872 has been analysed herein.Except the provisions of the Evidence Act, almost every deed/document is governed by a specific body of law depending on the nature of the deed/document concerned,whether it is a contract, an arbitration agreement, a will, a conveyance/transfer deed, a labour settlement, a court document, a government grant, etc. etc.Hence, there is no complete pre-existing separate and clearly defined body of law on ‘Deeds and Documents’. This subject thus necessarily is a selective collection of rulings of law.

An attempt has been made to classify the rulings on the Construction/Interpretation of Deeds and Documents in a rigorous fashion, borrowing well-established ideas from the law on the Interpretation of Statutes. So for example, there are “Basic Rules”, “Subsidiary Rules”, “Internal Aids”, “External/Extrinsic Aids” for construction/interpretation of deeds/documents, etc.

For the first time ever every legal aspect of this subject is deeply analysed.This authoritative work has been designed to provide the most exhaustive, analytical and systematic coverage of the case-law as laid down by the Supreme Court on the subject and shall be found indispensable by every lawyer, judge, presiding officers of the courts, jurist and scholar.

*Case-law is covered upto (2019) 4 SCC.

1. “Court”

2. Nature and Scope

(a) Broadly

Role of party other than court and contemnor

(b) Freedom of speech/expression and contempt of court

(c) Power of superior court to punish for contempt of inferior/subordinate court

(d) Contempt by court, judge, magistrate or other person acting judicially

(e) Contempt by Advocates

(f) Contempt by court/registry officers or staff

3. Criminal Contempt 21

General principles

(1) Broadly

(2) Prejudice to or interference with judicial proceeding

(3) Scandalise or lower authority of court

(i) Generally

(ii) Physical assault of Judges

(iii) Other instances

(4) Interfere or obstruct administration of justice “in any other manner”

(i) General Principles

(ii) Instances

4. Civil Contempt

(a) General principles

(1) Broadly

(2) Orders of which contempt possible/punishable

(3) Matters at large/Review etc. of earlier order/Orders that may be passed

(4) Wilful disobedience/contumacious conduct

(5) Breach of undertaking

(6) Interpretation/doubt as to order

(7) Feasibility, etc. of implementation of order

(8) Burden of proof

(b) Instances of civil contempt

Disobedience of interim/interlocutory orders

5. Maintainability

(a) Generally

(b) Cognizance

6. Practice and Procedure

(a) Generally

(b) Contempt in face of the court

(c) Specific matters

7. Exercise of Contempt Jurisdiction

(a) Generally

(b) Suomotu initiation of contempt proceedings

8. Defences

(a) Apology

(b) Justification and Truth

(c) Fair criticism or comment

(d) Proceedings not pending or ignorance of pend ency of proceedings

9. Punishment for Contempt

(a) Abuse of process

(b) Criminal contempt

(c) Civil contempt

(d) Costs as punishment

(e) Sentencing

(f) Other instances of punishment

10. Particular Statutes and Rules

(a) Contempt of Courts Act, 1971

(b) Rules to Regulate Proceedings for Contempt of Court under Calcutta High Court Contempt of Court Rules, 1975

(c) Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975