BIMAN BASU versus KALLOL GUHA THAKURTA & ANR.
The contempt petition filed by the respondents was not maintainable as it was filed without the written consent of the Advocate General, and the High Court did not validly exercise suo-motu powers. Therefore, proceedings initiated and continued by the respondents as petitioners are invalid.
- Parties
- Appellant: Biman Basu; Respondent No.1: Kallol Guha Thakurta; Respondent No.2: Respondent No.2
- Jurisdiction
- India
- Judgment Date
- 25 August 2010
- Procedural Posture
- Criminal Appeal / Appeal Against Judgment and Order Dated 31.03.2005 of Calcutta High Court
- Outcome
- Appeal allowed. Impugned judgment set aside.
- Legal Topics
- Criminal Contempt, Maintainability of Contempt Petition, Procedural Law, Interpretation of Statutes
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Biman Basu
Appellant
Kallol Guha Thakurta
Respondent No.1
Respondent No.2
Respondent No.2
Procedural Posture
Criminal Appeal / Appeal Against Judgment and Order Dated 31.03.2005 of Calcutta High Court
Legal Issues
- 1 Whether a contempt petition filed by private persons without written consent of the Advocate-General is maintainable under Section 15 of the Contempt of Courts Act, 1971
Ratio Decidendi
The contempt petition filed by the respondents was not maintainable as it was filed without the written consent of the Advocate General, and the High Court did not validly exercise suo-motu powers. Therefore, proceedings initiated and continued by the respondents as petitioners are invalid.
Court Disposition
Appeal allowed. Impugned judgment set aside.
Orders
- The impugned judgment of the Calcutta High Court dated 31.03.2005 is set aside.
- Appeal is allowed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment