D.N. TANEJA versus BHAJAN LAL

D.N. TANEJA versus BHAJAN LAL

Section 19(1) of the Contempt of Courts Act, 1971 allows appeal only from an order or decision of the High Court in exercise of its jurisdiction to punish for contempt, i.e., when the High Court imposes punishment. When no punishment is imposed, the High Court has not exercised its jurisdiction to punish for contempt under Article 215 of the Constitution. The aggrieved party with a right of appeal under Section 19(1) is solely the contemnor punished for contempt. There is no right of appeal for the individual who alleges contempt, but remedy remains available under Article 136 to approach the Supreme Court.

Parties
Appellant: D.N. Taneja; Respondent: Bhajan Lal
Jurisdiction
India
Judgment Date
04 May 1988
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Contempt Application by Punjab & Haryana High Court
Outcome
Appeal dismissed as incompetent due to lack of jurisdiction under Section 19(1) Contempt of Courts Act, 1971.
Legal Topics
Appeal Under Contempt of Courts Act, 1971 S.19(1), Interpretation of Jurisdiction to Punish for Contempt, Article 215 Constitution, Criminal Contempt Proceedings, Right of Appeal, Statutory Interpretation
Contempt of Court Criminal Law Constitutional Law Appeal Under Contempt of Courts Act, 1971 S.19(1) Interpretation of Jurisdiction to Punish for Contempt Article 215 Constitution Criminal Contempt Proceedings Right of Appeal, Statutory Interpretation

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 6 Party arguments 2
Sign in to unlock

Parties

D.N. Taneja

Appellant

Bhajan Lal

Respondent

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Contempt Application by Punjab & Haryana High Court

Legal Issues

  1. 1 When can High Court be said to exercise its jurisdiction to punish for contempt under Section 19(1) of Contempt of Courts Act, 1971
  2. 2 Whether 'appeal as of right' under s.19(1) is available when no punishment imposed
  3. 3 Who has the right to appeal under s.19(1)

Ratio Decidendi

Section 19(1) of the Contempt of Courts Act, 1971 allows appeal only from an order or decision of the High Court in exercise of its jurisdiction to punish for contempt, i.e., when the High Court imposes punishment. When no punishment is imposed, the High Court has not exercised its jurisdiction to punish for contempt under Article 215 of the Constitution. The aggrieved party with a right of appeal under Section 19(1) is solely the contemnor punished for contempt. There is no right of appeal for the individual who alleges contempt, but remedy remains available under Article 136 to approach the Supreme Court.

Court Disposition

Appeal dismissed as incompetent due to lack of jurisdiction under Section 19(1) Contempt of Courts Act, 1971.

Orders

  • Appeal dismissed.
  • No order as to costs.