MR. NAND LAL BALWANI versus NO

MR. NAND LAL BALWANI versus NO

The contemnor's deliberate act of shouting slogans and hurling a shoe in the presence of the Court amounts to gross criminal contempt, intended to intimidate and interfere in judicial proceedings. The apology tendered was not accepted as bona fide.

Parties
Contemnor: Mr. Nand Lal Balwani
Jurisdiction
India
Judgment Date
26 February 1999
Procedural Posture
Suo Moto Contempt / Original Jurisdiction; Order Delivered
Outcome
Guilty of gross criminal contempt; sentenced to simple imprisonment for four months and fine of Rs. 2,000; unqualified apology rejected.
Legal Topics
Criminal Contempt, Advocate Behaviour, Court Dignity
Criminal Law Contempt of Court Criminal Contempt Advocate Behaviour Court Dignity

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Parties

Mr. Nand Lal Balwani

Contemnor

Procedural Posture

Suo Moto Contempt / Original Jurisdiction; Order Delivered

Legal Issues

  1. 1 Whether the conduct of the contemnor in court amounts to gross criminal contempt
  2. 2 Whether the apology tendered is bona fide

Ratio Decidendi

The contemnor's deliberate act of shouting slogans and hurling a shoe in the presence of the Court amounts to gross criminal contempt, intended to intimidate and interfere in judicial proceedings. The apology tendered was not accepted as bona fide.

Court Disposition

Guilty of gross criminal contempt; sentenced to simple imprisonment for four months and fine of Rs. 2,000; unqualified apology rejected.

Orders

  • Contemnor to suffer simple imprisonment for four months and pay fine of Rs. 2,000; in default of fine, further simple imprisonment for two months.
  • Contemnor to be taken in custody forthwith to serve sentence.