contempt of courts

 https://www.scconline.com/blog/post/2023/02/17/cognizance-of-criminal-contempt-by-single-judge-of-a-high-court-under-the-contempt-of-courts-act-1971-in-absence-of-any-rules-framed-by-the-high-court-permissibility/


Some of the High Courts including the Delhi High Court have not framed any rules under Section 23 of the Act10 laying down the procedure for taking notice, cognizance, hearing, and determination of the criminal contempt proceedings. In light of Section 18 of the Act, the High Courts in India have taken divergent views on whether a Single Judge of the High Court is barred from taking cognizance of criminal contempt under Section 15 of the Act or not.

https://www.scconline.com/blog/post/2023/02/17/cognizance-of-criminal-contempt-by-single-judge-of-a-high-court-under-the-contempt-of-courts-act-1971-in-absence-of-any-rules-framed-by-the-high-court-permissibility/ 

https://indiankanoon.org/doc/193567322/ (Delhi high court finally)

Landmark decision on backing out of 13B settlements and contempt jursidictions.


https://indiankanoon.org/doc/1084236/

"9. (1) All references made by the Subordinate Courts under Rule 5(d) shall contain the particulars as mentioned in Rule 7(l)(a) and (b) so far applicable.

(2) The Subordinate Courts shall transmit all relevant documents or true copies thereof duly attested along with the letter of reference.

(3) All references made under Rule 5(d) by the Subordinate Courts other than the Courts of District and Sessions Judges shall be forwarded through the respective District and Sessions Judges for onward transmission of the same to the High Court expeditiously with their report.

(4) Before making reference, the Subordinate Courts shall hold a preliminary enquiry by issuing a show cause notice to the Contemner and after hearing him, the said Court shall write a concise reasoned order of reference about the alleged contempt."

https://indiankanoon.org/doc/182443412/

36. Considering all these statutory positions, I am of the view that the learned Rent Controller in this case has exceeded the jurisdiction by entertaining the Contempt Petition filed under Section 12 of the Contempt of Courts Act. At the most, if the learned Rent Controller comes to the conclusion that a party has committed Contempt of his/her order, the Rent Controller could draw a proceedings and refer the same to the High Court for invoking its power under the Contempt of Courts Act, 1971. Similar view was taken by this Court in the decision reported in 2008 (4) MLJ 446 ( All India Anna Dravida Munnetra Kazhagam Vs. M.P.Chinnadurai), wherein, in paragraph 14, it has been observed as follows:

"14. To the risk of repetition, without being tautologous, I would highlight that if at all, there is any pre-existing litigation before the Munsif Court concerned and if any one of the parties committed contempt relating to such matter, then, in such a case, Munsif Court can rightly draw a proceeding of it and refer it to the High Court under the Contempt of Courts Act for invoking its power. Under no circumstances under the Contempt of Courts Act, 1971 (Act 70 of 1971), the Munsif Court could directly send any reference to the Honourable Apex Court."


Par case chal to raha hai 

https://indiankanoon.org/doc/1025348/

Para 5, 

"Even while the contempt petitions were pending before the Family Court, Challenging the common order in I.A.No.700 of 2007 and I.A.NO.56 of 2007,"


https://indiankanoon.org/doc/1084236/

End of para 2,

They also contend that the Family Court has no inherent power to initiate contempt proceedings, except in case of civil contempt, and that the facts of the case did not give rise to any civil contempt as there was no order of the Court which was violated by the petitioners.

https://indiankanoon.org/doc/124095199/

Good fight by bro for psychologist, contempt etc.

https://indiankanoon.org/doc/603810/

Gujarat HC detailed order...


PnH Court Rules (https://drive.google.com/file/d/1l82X3RiK6zZIWotGfxzvsrVSp_U1mSD4/view?usp=share_link)

"Civil contempt at reference of subordinate court"

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