V.G. Ramachandran's Contempt of Court (Only eBook Version Available)

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

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                   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