BARADAKANTA MISHRA versus MR. JUSTICE GATIKRUSHNA MISHRA

BARADAKANTA MISHRA versus MR. JUSTICE GATIKRUSHNA MISHRA

A High Court's decision to reject a motion or reference and decline to initiate contempt proceedings is not a decision 'in the exercise of its jurisdiction to punish for contempt' within Section 19(1) of the Contempt of Courts Act, 1971, and therefore such a refusal is not appealable as of right under Section 19(1); where a mover is aggrieved by such refusal the remedy is by petition for special leave under Article 136 in appropriate cases.

Parties
Appellant: Baradakanta Mishra; Respondent: Justice Mishra
Jurisdiction
India
Judgment Date
21 June 1974
Procedural Posture
Criminal Appeal / Appeal Under Section 19(1) of the Contempt of Courts Act, 1971; Judgment on Preliminary Objection
Outcome
Appeal dismissed
Legal Topics
Appealability Under Section 19(1) of the Contempt of Courts Act, 1971, Jurisdiction to Punish for Contempt, Limitation Under Section 20, Article 136 Remedy (special Leave)
Contempt of Court Criminal Procedure Administrative Law Appealability Under Section 19(1) of the Contempt of Courts Act, 1971 Jurisdiction to Punish for Contempt Limitation Under Section 20 Article 136 Remedy (special Leave)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Baradakanta Mishra

Appellant

Justice Mishra

Respondent

Procedural Posture

Criminal Appeal / Appeal Under Section 19(1) of the Contempt of Courts Act, 1971; Judgment on Preliminary Objection

Legal Issues

  1. 1 Whether an order refusing to initiate contempt proceedings is a decision 'in the exercise of its jurisdiction to punish for contempt' and therefore appealable under Section 19(1)
  2. 2 Whether any remedy exists where a High Court erroneously or unreasonably refuses to take action on a motion or reference for contempt

Ratio Decidendi

A High Court's decision to reject a motion or reference and decline to initiate contempt proceedings is not a decision 'in the exercise of its jurisdiction to punish for contempt' within Section 19(1) of the Contempt of Courts Act, 1971, and therefore such a refusal is not appealable as of right under Section 19(1); where a mover is aggrieved by such refusal the remedy is by petition for special leave under Article 136 in appropriate cases.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs