Contempt of Court
Acceptability of - Conditions therefor - Stated - Held, bona fide apology tendered at the initial stage without lowering
dignity of courts would persuade courts to accept it - Apology tendered after wilful disobedience makes it difficult for
acceptance,
Bona fide apology - Determination of - Held, depends upon facts of each case - Surrounding circumstances, behaviour
of contemnor and remorse/regret on the part of contemnor are some of the relevant considerations - It would certainly be
one of the considerations while imposing punishment,
Priya Gupta v. Ministry of Health & Family Welfare, (2013) 11 SCC 404
Acceptability of - Conditions therefor - Stated - Held, bona fide apology tendered at the initial stage without lowering
dignity of courts would persuade courts to accept it - Apology tendered after wilful disobedience makes it difficult for
acceptance,
Bona fide apology - Determination of - Held, depends upon facts of each case - Surrounding circumstances, behaviour
of contemnor and remorse/regret on the part of contemnor are some of the relevant considerations - It would certainly be
one of the considerations while imposing punishment,
Constitution of India
Arts. 136, 129, 141 and 144 - While deciding Priya Gupta, (2012) 7 SCC 433 certain directions issued - Nature and
object of the directions - Clarified - Need for strict adherence therewith - Emphasised,
Contempt of Court
Civil Contempt
Wilful disobedience/contumacious conduct - Wilful disobedience of directions of Supreme Court - Directions were
issued for admission to medical course - Contemnors wilfully disobeyed the directions to achieve their own objects -
Held, initiation of contempt proceedings and sentencing of contemnors justified,
Need for strict compliance with judicial orders - Reiterated - Held, orders passed by Supreme Court are binding on all
subordinate courts, tribunals and authorities - Likewise orders of High Court are binding on all subordinate courts and
tribunals coming within its supervision - No person or authority can act in ignorance of orders passed by courts - Such
disrespect would have great impact on credibility of judicial institution encouraging chance litigation,
Contempt of Court
Civil Contempt
Non-compliance with directions of general nature - Permissibility of - Held, law declared by courts in a lis between
parties or directions issued to achieve constitutional goals must be strictly adhered to - No distinction can be drawn
between directions which are general and which are specific, in relation to their implementation,
Rule of Law
Strict Adherence to - Necessity of - Reiterated - Held, every person is subject to ordinary law irrespective of his rank
and condition - Everyone should ensure respect for law - Breach of such respect for such judicial institutions would
demolish faith of people in such institutions - As a result individual authority and strength would prevail over wisdom of
Print Page
Acceptability of - Conditions therefor - Stated - Held, bona fide apology tendered at the initial stage without lowering
dignity of courts would persuade courts to accept it - Apology tendered after wilful disobedience makes it difficult for
acceptance,
Bona fide apology - Determination of - Held, depends upon facts of each case - Surrounding circumstances, behaviour
of contemnor and remorse/regret on the part of contemnor are some of the relevant considerations - It would certainly be
one of the considerations while imposing punishment,
Priya Gupta v. Ministry of Health & Family Welfare, (2013) 11 SCC 404
Acceptability of - Conditions therefor - Stated - Held, bona fide apology tendered at the initial stage without lowering
dignity of courts would persuade courts to accept it - Apology tendered after wilful disobedience makes it difficult for
acceptance,
Bona fide apology - Determination of - Held, depends upon facts of each case - Surrounding circumstances, behaviour
of contemnor and remorse/regret on the part of contemnor are some of the relevant considerations - It would certainly be
one of the considerations while imposing punishment,
Constitution of India
Arts. 136, 129, 141 and 144 - While deciding Priya Gupta, (2012) 7 SCC 433 certain directions issued - Nature and
object of the directions - Clarified - Need for strict adherence therewith - Emphasised,
Contempt of Court
Civil Contempt
Wilful disobedience/contumacious conduct - Wilful disobedience of directions of Supreme Court - Directions were
issued for admission to medical course - Contemnors wilfully disobeyed the directions to achieve their own objects -
Held, initiation of contempt proceedings and sentencing of contemnors justified,
Need for strict compliance with judicial orders - Reiterated - Held, orders passed by Supreme Court are binding on all
subordinate courts, tribunals and authorities - Likewise orders of High Court are binding on all subordinate courts and
tribunals coming within its supervision - No person or authority can act in ignorance of orders passed by courts - Such
disrespect would have great impact on credibility of judicial institution encouraging chance litigation,
Contempt of Court
Civil Contempt
Non-compliance with directions of general nature - Permissibility of - Held, law declared by courts in a lis between
parties or directions issued to achieve constitutional goals must be strictly adhered to - No distinction can be drawn
between directions which are general and which are specific, in relation to their implementation,
Rule of Law
Strict Adherence to - Necessity of - Reiterated - Held, every person is subject to ordinary law irrespective of his rank
and condition - Everyone should ensure respect for law - Breach of such respect for such judicial institutions would
demolish faith of people in such institutions - As a result individual authority and strength would prevail over wisdom of
No comments:
Post a Comment