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2001 (8) TMI 1239 - SC - Indian LawsContempt of Court - whether in view of the provisions of section 20 of the Contempt of Courts Act, 1971, the Special Court was prohibited from taking any action as the Court had initiated proceedings of contempt after the expiry of a period of one year from the date on which the contempt was alleged to have been committed? Held that:- Appeal dismissed & the impugned judgment of the special court is affirmed. The provisions of section 17 are applicable in the present case. The fraud perpetuated by the appellant was unearthed only on the custodian receiving information from the Income-tax Department, vide their letter of 5-5-1998. On becoming aware of the fraud application for initiating contempt proceedings was filed on 18-6-1998, well within the period of limitation prescribed by section 20. It is on this application that the special court by its order of 9-4-1999 directed the application to be treated as a show-cause notice to the appellant to punish him for contempt. In view of the abovestated facts and in the light of the discussion regarding the correct interpretation of section 20 it follows that the action taken by the special court to punish the appellant for contempt was valid. The special court has only faulted in being unduly lenient in awarding the sentence. We do not think it is necessary, under the circumstances to examine the finding of the special court that this was a continuing wrong or contempt and, therefore, action for contempt was not barred by section 20.
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