Anti Corruption Team ACT help desk Knowledgebase Law and Legal Remedies - Litigation Process Courts Contempt of Court Case Law
Proceedings
Suggested knowledgebase articles:

Knowledgebase Law and Legal Remedies - Litigation Process Courts Contempt of Court Case Law Proceedings

Petitions by third parties

Articles in this category

as per strict rules and statutory provisions

That Hon’ble Supreme Court in catena of decisions had ruled that the Contempt proceedings has to be conducted as per strict rules and statutory provisions and a specific charge needs to be framed and ...
framing of charge in Contempt proceeding is mandatory

. As per law laid down in Ebrahim Mammojee Parekh Vs. Emperor 1926 SCC OnLine Rang 12 and after its approval by the Three Judge bench of Supreme Court in Sukhdev Singh Sodhi v. Chief Justice S. Teja S...
Vague charge of contempt is not a fair or permissible

In Nagar Mahapalika of the City of Kanpur v. Mohan Singh 1966 SCC OnLine SC 1 it is read as under; “An allegation of contempt of court is a serious one and is considered by courts with a certain amoun...
The precise breach or breaches of the order complained of should be set out in the notice of motion itself

In Jayantilal Hiralal & Co. Vs Waman Narayen Velinkar 1932 SCC OnLine Bom 121 it is ruled as under; “Precise charge should be mentioned in the Notice of Motion – mentioning in the affidavit is not...
the same standard of proof is required in the same manner as in other criminal cases

Three Judge Bench of the Supreme Court in the recent judgments in the case of P. Mohanraj Vs. Shah Bros (2021) 6 SCC 258, has ruled as under; 27. In view of the above, the law can be summarised that t...
proceeding under Contempt are criminal offence as per section 41 of Indian Penal Code.

it is settled law laid down by the Three-Judge Bench in Hari Das v. State of W.B., (1964) 7 SCR 237 that the proceeding under Contempt are criminal offence as per section 41 of Indian Penal Code. 13.8...
contemnor is entitled for all the protection available to an accused in criminal jurisprudence, including right to silence as per Article 20(3) of the Constitution of India

That this Hon’ble Court and various High Courts had time and now had settled the law that the alleged contemnor is entitled for all the protection available to an accused in criminal jurisprudence, in...
two categories, namely, that initiated suo motu by the Court and that instituted otherwise

action for contempt is divisible into two categories, namely, that initiated suo motu by the Court and that instituted otherwise than on the court’