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The work has been updated with the addition of case-law supplement.This edition of the book follows the pattern of the earlier editions in so far as it maintains a discussion of the constitutional and statutory provisions relating to contempt jurisdiction as obtaining in India together with what the courts have ruled from time to time. In addition, recent judicial thinking in some countries following the Anglo-saxon system of jurisprudence has also been noticed.
Many instances of contempt end at the preliminary stage on tender of apology but are nevertheless important precedents. This book has discussed all such important instances and such discussion is not to be found in any other publication.
Important and related topics of contempt by the Press, by Lawyers, by Judges and Presiding Officers of their own Court find ample discussion in this book. The subject of Contempt and Parliament and Legislatures in India has also been dealt with.
Each chapter is headed by a synopsis. The appendices cover legal forms and warrants and the various High Court rules on contempt. A detailed subject index is also provided.
Extract from the Foreword :
"V. G. Ramachandran is a legend in legal literature and his work on Contempt of Court is a classic. Its excellence is testified by the fact that five editions have already flourished and the sixth one, more exhaustive and updated, is being published. Justice V.K. Mehrotra, a scholarly jurist, with tireless energy, has done extensive revision and made the book a vade mecum for those who need to know the latest on the law of contempt of court. He has imparted a comparative dimension to the book by travelling across to the UK and the USA for the Contempt law in those countries. The book bristles with learning and even remote, recondite and startling topics are trapped in the lucubrious pages of the luminous and voluminous wonder of VGR's Contempt of Court. Mehrotra's magnificent revisory effort has left no stone unturned, so much so, in its present form this compilation is a proud possession for any law library.
The great book for which I write this foreword deals splendidly with the Alpha to Omega of Contempt jurisprudence. In recent times, a trifle peevishly or hypersensitively, courts have used the power so in gay abandon that 'contempt dockets' clutter court work. This should not be. Ramachandran's updated treatise is a must for the Judges and lawyers, with its authoritative statements, correct and comprehensive... I commend this erudite edition to every student of law and justice..."
— From the Foreword by
Hon 'ble Justice V.R. Krishna Iyer
TABLE OF CASES XXXVI
Structure of the book 2
Bulwark of Justice 3 Definition of Contempt 4 Sanyal Committee on Definition and Classification of Contempt 5 Object of Contempt Law 7 Some instances of Contempt of Court 8 Civil and Criminal Contempts-Some aspects 16 Courts of Record 17 Contempt of Courts Acts 19 Discretion of Court 19 Apology 20 Is summary jurisdiction necessary 21 Historical background of the summary power 23 Tagore Law Lectures (1955) by Justice William O. Douglas, U.S.A. 28
The Judiciary 31 The Indian Constitution of 1950: Constitutional provisions in re contempt 31 Legislative Power 32 Court 32 Existing Law in India 33 Sanyal Committee on constitutional provisions relating to contempt 34 Does the existing Law of Contempt satisfy the test of reasonableness 35 American test of `clear and present danger' v. Indian reasonable restrictions 36 Article 19(1)(a) and freedom of Press 38 Freedom to commit contempt 39 What is `existing law' in Article 19(2) relating to contempt 40 Supreme Court as a Court of Record 41 Court of Record 41 Power to punish contempt 43 The provision in Article 129 and scandalising court 46 Contempt of the Supreme Court 47 Constitutional validity of Contempt law 50 High Court as Court of Record 54 The provision in Article 215 and scandalising the Court 56 Power of court to punish contempt 61 Transfer of contempt proceedings 63 Nature of proceedings and appeal 64 Jurisdiction of High Court 65 Article 215-Inherent power-Suo motu action in contempt 69 Can contemner question jurisdiction of Court 70 Power of superintendence of High Courts 71 The provision in Article 227 72 What amounts to contempt 73 Can the High Court exercise powers to punish contempt of Industrial Tribunals? 73 Tribunals, arbitrators and other bodies-If courts 75 Powers of Tribunals in relation to contempt 78 Can there be contempt of a Tribunal "functus officio''? 79 "All Courts and Tribunals'' 80 Does Article 227 enlarge jurisdiction of the High Court under the Contempt of Courts Act of 1971? 82 Appeals and suits 83 Are proceedings in contempt of criminal nature? Can Articles 132, 133 and 134 be invoked? 86 When certificate under Article 134(1)(c) can be granted? 88 Special leave to appeal under Article 136 89 Is ridiculing a Judge in Parliament contempt of court? 90 Does the pardoning power of the President under the Constitution extend to contempt of courts? 94
What is Contempt of Legislature? 95 Provisions relating to the Legislature 96 Contempt of Parliament 99 Article 19(2) read with Article 194 99 The ratio decidendi in M.S.M. Sharma case 100 In re Special Reference 1 of 1964 104 The Final Verdict of the Supreme Court in 1964 105 Courts' interpretative jurisdiction does not affect the dignity and autonomy of Parliament 108 Courts can be relied upon to do their duty in safeguarding the powers of the Legislature 110
Contempt of Courts Act, 1971 112 Objects and Reasons of Act 12 of 1926 130 Statement of Objects and Reasons of Act 32 of 1952 131 Contempt of court before and after Constitution 132 Profile of the 1971 Act 133
Short title and extent 134 Definitions 170 Innocent publication and distribution of matter not contempt 296 Fair and accurate report of judicial proceeding not contempt 322 Fair criticism of judicial act not contempt 324 Complaint against presiding officers of subordinate courts when not contempt 325 Publication of information relating to proceedingsin chambers or in camera not contempt except in certain cases 328 Other defences not affected 331 Act not to imply enlargement of scope of contempt 332 Power of High Court to punish contempts of subordinate courts 333 Power of High Court to try offences committed or offenders found outside jurisdiction 346 Punishment for contempt of court 349 Contempts not punishable in certain cases 402 Procedure where contempt is in the face of the Supreme Court or a High Court 431 Cognizance of criminal contempt in other cases 437 Contempt by Judge, magistrate or other person acting judicially 456 Procedure after cognizance 465 Hearing of cases of criminal contempt to be by Benches 472 Appeals 474 Limitation for actions for contempt 491 Act not to apply to Nyaya Panchayats or other village courts 499 Act to be in addition to, and not in derogation of, other laws relating to contempt 499 Power of Supreme Court and High Courts to make rules 500 Repeal 503
Other Statutes 524 The Indian Penal Code-Provisions 525 Ingredients of Section 228 529 When action lies under Section 228, IPC 530 Court alone can take action under Section 228, IPC 536 Offences under Sections 175, 178, 179 and 180, IPC 537 Provisions in CrPC, 1973 setting the procedure 539 The import of Sections 71 and 195, CrPC, 1973 541 Procedure in cases arising under Section 195, CrPC 545 Prosecution for contempt of public authority under Section 195, CrPC 547 Procedure in certain cases of contempt 548 Section 345(1) of 1973 Code vis-a-vis Section 480 of 1898 Code 552 Record of proceedings 553 Where the case has to be dealt with under Section 346, CrPC, 1973 554 Apology under Section 348, CrPC, 1973 555 Refusal to answer or produce document 556 Punishment for non-attendance of witness 556 Appeals in contempt cases 557 What Judges can try contempt other than `ex facie' 558 Relevant sections of CPC, Order 39, Rules 2 and 2-A; Order 16, Rules 10 to 12; Order 40, Rule 1, and Sections 135, 135-A and 151 558 Exemption from civil arrest does not extend to process of contempt of court 563 Inherent jurisdiction under Section 151, CPC 565 Administrative Tribunals Act, 1985 568 Failure of witness summoned to appear or refusal to produce document 568 Abuse of process when contempt 571 Notes under the provisions of Civil Procedure Code 572 Disobedience of orders of court 574 Disobedience of injunction orders of court 575 Where application of Order 39, Rule 2, CPC, more appropriate than contempt 576 The State as contemner 577 Disobedience of injunction 581 Is disobedience of injunction under Order 39, Rule 1 actionable in contempt 582 Duty to obey order and get order rectified 584 Some instances where disobedience led to contempt action 585 Undertaking given to court 587 Where undertaking amounts to injunction 588 Breach of undertaking to court 590 When breach of undertaking is actionable in contempt 590 Disobedience of order of court which is not in conformity with judgment 592 When is failure to act upto the undertaking contempt of court 595 Order 21, Rule 32, CPC 597 Appeal against orders under Order 39, Rule 2-A 600 When no punishment is called for 602
Contempt by lawyer 605 Contempt by pseudo lawyer 608 Attitude of court to lawyer 610 Immunity to lawyer-when legal 610 Humorous and sometimes dangerous bouts of counsel 610 Need for strong advocacy 613 The right type of Judge needed 614 Is counsel responsible for scandalous allegations in transfer petitions? 616 M.Y. Shareef and Dr Kathalay case 620 The modus operandi suggested in transfer petition cases 624 Comparative Law in America as to a counsel vis-a-vis transfer applications 629 American Law of Don'ts to lawyer 629 Criticism of Judges by the Bar or at Bar Association meetings 632 Counsel should opt for remedy under S. 6 instead of resorting to contumacious behaviour 638 Can a jurist criticise the administration of justice of his country in International Conferences? 639 The Cassel case 640 Apology by counsel-Value to be attached 644 Advocate allowing law agent to snatch court record 648 Limit to criticism of Judges 648 Latitude to counsel necessary 650 Arguments of counsel-latitude to be given 651 Role of the Bar 652 Counsel cannot cite Law Commission Report to support scandalous allegations of his own 654 Gross contempt by senior Supreme Court counsel 655 When counsel is in contempt 666 Is the Doctrine of Contempt in Weize case applicable to India 671 Counsel's letters to Judge when contempt 678 Counsel's conduct in conducting cases when contempt 682 Counsel reporting no instructions -Is it contempt? 685 Punishment in contempt if bar to practice 686 Protection to lawyer 688 Contempt against lawyer 688 Can a Judge be held in contempt? 690 Insult to counsel 691 Mysterious legal drama 691 Counsel arrested while going to court 693 Arrest of counsel, when contempt 694 Instances of contempt against lawyer 696 Intimidation and threat to counsel 698 Contempt towards lawyer 701
The Rule of Law and protection to Judges 704 Contempt by scandalizing the court 706 What is libel or defamation and what is scurrilous contempt 707 Allegation of bribery against Judge 708 "Is the Sub-Magistrate of Kovvur corrupt?'' Is this defamation or contempt-Also other instances of scandalizing the court 709 Details of some instances of scurrilous contempt 715 Limitation to the summary method 724 Criticism of Judge through notice 725 Parallel Enquiry 725 Disturbing court Proceedings 726 Contempt of Subordinate courts 727 Contempt against the court of a Registrar 730 No contempt action when the act does not warrant same 731 Contempt by use of force against Judge 735 Writing letters to Judges and distributing pamphlets 736 Attack on competence and integrity of Magistrate under the guise of a notice 740 Standard of proof in contempt cases 741 Interference with courts must be real 742 Contempt by interference with officers and subordinates of courts 743 Contempt of interference with witness 744 Contempt of lawful authority 746 Disobedience to orders of court 747 Contempt of Jurors 747 Contempt by parties by scandalizing Judge in writ and transfer applications 748 Contempt of court by interfering with parties 750 Contempt by threat to plaintiff not to proceed with his action 754 Contempt by witnesses and partisans 755 Some other acts of contempt against course of justice 757 Contempt relating to process servers 763 Contempt of Receivers 763 Suit against Receiver of court without leave of court 768 Court Commissioner-Contempt of 769 Contempt of Sheriffs 770 Contempt of Official Liquidator 770 Contempt of Official Assignee 771 Contempt in insolvency jurisdiction 771 Contempt in relation to lunatics 771 Contempt in relation to wards of courts 772 No Contempt in relation to orders of court-Some Instances 773 Disobedience to an order of injunction 779 Knowledge how far necessary--`Mens rea' if relevant 781 Knowledge of Prohibitive Order sufficient 784 Corporations if liable in contempt 787 Contempt by party or stranger 787 Contempt by frivolous litigants 789 Contempt in procedure 789 Contempt by the State against courts of justice 791 Duty of State in case of `prima facie' contempt 794 Who is the proper party when State commits contempt 795 Contempt by Ministers of Government 797 Contempt by Officers of Government 800 The District Magistrate of Nadia forcibly evicting a subordinate Judge from circuit house where he was holding court 804 Disobedience of illegal order is contempt if the court had jurisdiction 808
Can a Judge be indicted for contempt against a lawyer? 809 Oswald on Judge's liability-Protection by Statute to Judges-Sanyal Committee on Definition and Classification of Contempt 818 Contempt by Subordinate Judges 822 Contempt by Subordinate Judge-If can challenge constitution of the Bench merely because some of them had taken disciplinary action on the administrative side -Is such challenge itself contempt? -B.K. Mishra case 824 A repetitive contemner-A District Judge 827 Refusal by District Judge to follow High Court decision-Is it Contempt? 830 Other instances 831 Judge liable for costs 833 Stay orders-Disobedience by subordinate courts 834 Contempt by subordinate court- Wilful disobedience 839 Magistrate refusing to function in his house, if contempt 840 A Judge influencing another Judge, if contempt 842 Inferior Judge criticising the Inspection Report of High Court Judge 843 Subordinate Judges disregarding decision of superior courts 843 Contempt by Judge of other courts 845 No pending case necessary for contempt action 848 Can a Magistrate pass an order under Section 144, CrPC, preventing execution of a civil decree? 848 The Judiciary vis-a-vis the Executive 850 Court subordinates receiving bribes and other misdemeaner 852
Concept of the freedom of the Press 855 Recommendations of the 1954 Report 859 The Code of Journalistic ethics 861 Tips to journalists to avoid contempt of court 862 Freedom of the press under the Indian Constitution 864 What are the legal restrictions in India? 866 Precensorship and the freedom of the press 872 Contempt by the press 873 What the press should not do? 874 Press contempts-Before, during and after trial 875 Press contempts 876 Leading Cases (1884-2002) 876 Instances of press contempt 882 The pre-Constitution cases on press contempt 883 The 1954 Report of the Press Commission on contempt of court 900 Publication of true reports of proceedings 900 March of contempt law relating to the press from 1950 901 Some later instances 932 Norms as to criticism of Judges by the Press 937 Interference with administration of justice 938 What is interference with due administration of justice? 941 Trial by Newspapers 943 Karunakaran case 943 Prejudicing fair trial when proceedings are pending 945 Pre-trial publicity-Television or other similar programmes if prejudicing fair trial 950 Is the Judge infallible and immune from being influenced by publications 951 Constructive contempt by the press in imminent (Old law) or pending proceedings (New Law) 954 Statements relating to matters sub judice 960 Mens rea, good faith and knowledge 962 The changes effected by the 1971 Act as to press contempt 962 What is freedom of the press? 963 False or inaccurate Report of court proceedings 966 The law as to contumacious writings (summarised) 966 Scandalising Judges 969 Limit to counsel's criticism of judicial administration 978 Attacking Counsel 981 Allergy to attire: Insinuation by the press 982 If court proceedings were a nullity, can contempt law be invoked? 982 Attack on party or witness 983 Misleading and Offending Headlines 989 Advertisements 994 Publication of plaint and documents 995 Gandhiji in a contempt case 997 The Ananda Bazar Patrika case 1005 Publishing photo and plaint 1005 The general principle relating to publication of documents 1008 Is comment on law, contempt? 1010 Academic discussion if contempt: The Curfew case 1012 Chamber proceedings 1012 Sanyal Committee's recommendations as to Proceedings in Chambers or in camera 1014 Wards and lunatics 1014 Liability of editor's and printer's and others connected with publication 1015 Motive and Intention 1017 Knowledge 1027 Concept of knowledge under the 1971 Act 1031 Humorous comment 1034 Fair criticism 1034 Innocent dissemination 1042 Apology 1042 Can a journalist refuse to reveal his news source 1044 Reporter has no constitutional right to preserve anonymity of an informer if court orders disclosure 1045 Should the journalist reveal his source of information 1046 The right of the Press to means of information 1047 The position in India as to professional secrecy of the journalist 1050 Freedom of press threatened by trade union legislation 1052 The New Approach to the Law of Contempt 1053 Permissible limits of the use of contempt power need for statutory reform 1053 The Indian Experience 1053 The English Experience 1058 Open Justice 1060 Freedom of the Press 1061 The anomalies in contempt law alleged by Sri Soli J. Sorabji 1063 Scandalization of court 1063 The doctrine of public good 1064 Our suggestion 1066 Reflections on Shri Rajeev Dhavan's views in his treatise on Contempt of Court and the Press (1982 Edn.) 1069
Allahabad High Court 1082 Andhra Pradesh High Court 1086 Bombay High Court 1095 Bombay High Court (Original Side) 1098 Calcutta High Court 1103 Gauhati High Court 1110 Gujarat High Court 1115 Himachal Pradesh High Court 1121 Karnataka High Court 1126 Kerala High Court 1133 Madhya Pradesh High Court 1135 Madras High Court 1140 High Court Nagpur 1143 High Court Orissa 1146 Patna High Court 1152 Punjab and Haryana High Court 1157 Rajasthan High Court 1162 Sikkim High Court 1162
SUBJECT INDEX 1219
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