OM PRAKASH JAISWAL versus D.K.MIITAL AND ANR.

OM PRAKASH JAISWAL versus D.K.MIITAL AND ANR.

Initiation of contempt proceedings occurs when the court, after application of mind, forms an opinion that a prima facie case exists and issues notice to show cause why the respondents should not be punished; in this case, initiation occurred on 6.1.1988 and was within limitation prescribed by Section 20 of the Contempt of Courts Act, 1971.

Parties
Appellant: OM PRAKASH JAISWAL; Respondent: D.K. MITTAL; Respondent: Nagar Mahapalika, Allahabad; Respondent: Allahabad Development Authority
Jurisdiction
India
Judgment Date
22 February 2000
Procedural Posture
Civil Appeal No. 1632 of 1990 / Appeal From Order Dated 23.11.1989 of Allahabad High Court in M.c.a. No. 39 of 1987
Outcome
Appeal allowed
Legal Topics
Limitation Under Section 20 of Contempt of Courts Act, Initiation of Contempt Proceedings, Application of Mind by Court
Contempt of Court Civil Procedure Limitation Under Section 20 of Contempt of Courts Act Initiation of Contempt Proceedings Application of Mind by Court

Case Brief

Summary, issues, holding and outcome

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Parties

OM PRAKASH JAISWAL

Appellant

D.K. MITTAL

Respondent

Nagar Mahapalika, Allahabad

Respondent

Allahabad Development Authority

Respondent

Procedural Posture

Civil Appeal No. 1632 of 1990 / Appeal From Order Dated 23.11.1989 of Allahabad High Court in M.c.a. No. 39 of 1987

Legal Issues

  1. 1 Meaning of 'initiation' of contempt proceedings under Section 20 of Contempt of Courts Act, 1971
  2. 2 Whether proceedings were barred by limitation as per Section 20

Ratio Decidendi

Initiation of contempt proceedings occurs when the court, after application of mind, forms an opinion that a prima facie case exists and issues notice to show cause why the respondents should not be punished; in this case, initiation occurred on 6.1.1988 and was within limitation prescribed by Section 20 of the Contempt of Courts Act, 1971.

Court Disposition

Appeal allowed

Orders

  • Impugned order set aside
  • Proceedings restored to the file of the High Court for hearing and further orders as per law