9911796707
TMI Blog1996 (4) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Department filed an affidavit stating that a false claim had been made before the Court for obtaining refund because in fact the writ petitioners-respondents had not paid any duty at all and had claimed the refund on basis of forged documents. In connection with the said dispute, a notice was issued to the respondents as to why a complaint be not filed against them under Sections 191, 192, 209 and 210 of the Indian Penal Code. A notice was also issued to the respondents directing them to show cause why proceedings for contempt be not initiated against them. After taking into consideration the show cause filed on behalf of the respondents an order was passed directing that a complaint be filed against them. The learned Judges having pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail; and the appeal be heard notwithstanding that the appellant has not purged his contempt. Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal the High Court may also exercise all or any of the powers conferred by sub-section. (4) An appeal under sub-section (1) shall be filed - (a) in the case of an appeal to a Bench of the High Court, within thirty days; (b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against." On a plain reading Section 19 provides that an appeal shall lie as of right from any order or decision of the High Court in exercise of its jurisdiction to punish for contem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cutor, he is simply assisting the court so that the dignity and the majesty of the court is maintained and upheld. It is for the court, which initiates the proceeding to decide whether the person against whom such proceeding has been initiated should be punished or discharged taking into consideration the facts and circumstances of the particular case. This Court in the case of Baradakanta Mishra v. Mr. Justice Gatikrushna Misra, C.J. of the Orissa H.C., AIR 1974 SC 2255 = 1975 (1) SCR 524 said : "....Where the Court rejects a motion or a reference and declines to initiate a proceeding for contempt, it refuses to assume or exercise jurisdiction to punish for contempt and such a decision cannot be regarded as a decision in the exercise of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is imposed by the High Court, it is difficult to say that the High Court has exercised its jurisdiction or power as conferred on it by Article 215 of the Constitution." No appeal is maintainable against an order dropping proceeding for contempt or refusing to initiate a proceeding for contempt is apparent not only from sub-section (1) of Section 19 but also from sub-section (2) of Section 19 which provides that pending any appeal the appellant Court may order that - the execution of the punishment or the order appealed(a) against be suspended; if the appellant is in confinement, he be released on bail;(b) and the appeal be heard notwithstanding that the appellant has(c) not purged his contempt. Sub-section (2) of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
