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Types of contempt
The Contempt of Courts Act of 1971 divides the
expression contempt of court to mean two
categories of contempt, viz.,
(i) civil contempt &
(ii) criminal contempt.
Types of contempt
Civil Contempt
Means willful disobedience to any judgment, decree,
direction, order, writ or other process of a court, or
willful breach of an undertaking given to a court.
Criminal Contempt
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Examples of contempt
Secretary of the Congress Committee wrote a recommendatory letter to
the District Magistrate about the facts of the case (AIR 1953 SC 185)
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Examples of contempt
Circular directing Magistrates to ignore the decisions of the High Court tantamounts to Contempt of Court (AIR 1961 SC
1315).
"Judges are guided and dominated by class hatred, class,
interests and class prejudices and where the evidence is
balanced between a well-dressed potbellied rich man and a
poor ill-dressed and ill-treated person, the Judge instinctively
favours the former" -Chief Minister at a Press Conference Contempt (AIR 1970 SC 2015).
In the garb of transfer application, a person can not be
allowed to make allegations of a serious nature, scandalizing
the Court and imputing improper motives to the Judge trying
the case - Contempt (AIR 1972 SC 989)
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Examples of contempt
When petitioner was granted temporary custody of his minor
daughter and subsequently not present in court on given date
but fleeing away out of India without permission of court, it
amounted to criminal contempt on part of petitioner.
(Srinivasa Rao Kunbhari v. State of A.P., 1996 Cr L J 353 (AP) (1995) 2 An LT 210).
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Examples of contempt
A person walking into the chamber of a Magistrate and insisting on cancelling the
order he passed against him, else a serious consequence would follow.
Assault on Magistrate.
Insult to a Magistrate.
Bullying witnesses
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Examples of contempt
In another case of breach of undertaking it was held:
The Court passed an order directing the State to fix the pay scales under
Revision of Pay and Allowance Rules and to pay them all arrears of
emoluments consequent to such fixation within a stipulated period. The
respondent sought time for compliance of the order and time was
extended. The counsel for the respondent gave an undertaking that the
order would be complied with within the extended time. Subsequently
the respondents instead of complying with the undertaking given,
challenged the original order on the grounds that it would create an
anomalous position in relation to the reports of the Pay Commission,
that it would be against the public policy and that it would cause serious
pressure on the exchequer etc.
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Examples of contempt
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Examples of contempt
Even subsequent to the passing of the order it was not alleged
that compliance of the order would cause hardship to the
Government. To the contrary, it was given to understand at
different stages that the order would be complied with and
extension of time was also taken for the purpose. And now a
decision seems to have been taken by the Government that the
orders passed on the basis of undertaking given would not be
complied with and for that different lame excuses have now been
set up. This conduct of the Government tends to bring the Courts
orders to disrespect, lower its prestige and interfere with the
course of justice. The Court held the contemnor was guilty after
observing It need not be emphasised that the violation of the
Courts order on the ground that its compliance would cause
hardship to the Government makes the violation no less wilful
than its positive defense.
(Rabindranath Biswas v. B.C. Mookerji, Secretary,
Department of Land and Land Reforms, Govt. of W.B.,
(1988) 1 Cal HN 239).
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Examples of Contempt
Suspension of petitioner from service in contemplation of
departmental proceeding pending contempt proceedings,
amounts to further act of contempt on part of contemner.
(Dr.) Subhash Chandra Pratihar v. (Mrs.)
1995 Cr U 707 (Cal) (1995) 1 Cal HN 104).
Leena
Chakraborty,
Where a stay order gave a clear direction to the respondentcontemner to prepare inventory of liquor to be auctioned
incorporating the brand name of the liquor and the
contemner did not do so despite repeated requests taking the
plea that list of liquor had already been prepared and fresh
list was not necessary as that would amount to duplication,
and the original list did not contain the brand names, it was
held that disobedience of the stay order was wilful arid
deliberate contempt of court.
(Mahendra Kumar v. State of Rajasthan, 1987 Cr U 627 (Raj)
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What is to be done?
The orders of the court should be complied forth with.
If it is found that it is not possible to comply with the order, immediate
appeal should be filed and stay orders obtained.
If stay orders are not granted, comply the orders of the court subject to
the final outcome of the appeal.
If the parties concerned find it difficult for one good reason or the other
to implement the order within the time visualised in the Courts order,
the court thinks, it is obligatory on the part of such a party to approach
the Court for extension of time instead of taking the attitude of violating
the order and then trying to implement the order alter a contempt
petition is filed.
(Balaji Krishna Tej v. Inspector of Schools, (1990) 70 Cut LT 402).
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What is to be done?
In N. Jayaraju v. KG Penchalaiah, 1992 Cr LJ 4077,
"The judiciary and the executive are but two limbs of the State,
the third being the Legislature. Each of the three wings have
to function and act in unison and within their own bounds.
While doing so each of them must respect the other as much
as it expects its action to be respected by others. May be that
in some cases the order may be couched in such a language
that it may create some kind of doubt and confusion in the
mind of those who have to comply with it but the best way, in
such cases, is not to circumvent the order but to try as much
as possible to comply with it first. If that may not be found
feasible then to make an effort to approach the Court and
seek clarification or modification of the order.
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