STATE OF KERALA versus M.S. MANI AND ORS.

STATE OF KERALA versus M.S. MANI AND ORS.

A motion to take action against respondents under Section 15 was not made with the consent of Attorney General or Solicitor General and is therefore incompetent; subsequent obtaining of consent does not cure the initial defect.

Parties
Petitioner: State of Kerala; Respondents: M.S. Mani and Ors.
Jurisdiction
India
Judgment Date
06 September 2001
Procedural Posture
Contempt Petition (c) No:280 of 1999; Civil Appeal No.1466 of 2000 / Final Order on Maintainability
Outcome
Contempt Petition dismissed; contempt notice discharged.
Legal Topics
Criminal Contempt, Maintainability of Contempt Petition, Consent Requirement Under Section 15
Constitutional Law Contempt of Court Criminal Contempt Maintainability of Contempt Petition Consent Requirement Under Section 15

Case Brief

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Parties

State of Kerala

Petitioner

M.S. Mani and Ors.

Respondents

Procedural Posture

Contempt Petition (c) No:280 of 1999; Civil Appeal No.1466 of 2000 / Final Order on Maintainability

Legal Issues

  1. 1 Whether a contempt petition under Section 15 of the Contempt of Courts Act, 1971 can be maintained if consent of the Attorney General/Solicitor General is obtained after filing the petition

Ratio Decidendi

A motion to take action against respondents under Section 15 was not made with the consent of Attorney General or Solicitor General and is therefore incompetent; subsequent obtaining of consent does not cure the initial defect.

Court Disposition

Contempt Petition dismissed; contempt notice discharged.

Orders

  • The contempt notice is discharged.
  • Contempt Petition is dismissed.