S. K. SARKAR, MEMBER, BOARD OF REVENUE, U.P., LUCKNOW versus VINAY CHANDRA MISRA

S. K. SARKAR, MEMBER, BOARD OF REVENUE, U.P., LUCKNOW versus VINAY CHANDRA MISRA

Section 15(2) of the Contempt of Courts Act, 1971 does not take away the High Court's power to take suo motu cognizance of criminal contempt of a subordinate court. The omission of the mode of suo motu cognizance in section 15(2) does not restrict the High Court. Harmonious construction with section 10 is required (powers of contempt regarding subordinate courts equal those regarding contempt of itself).

Parties
Appellant: S. K. Sarkar; Respondent: Vinay Chandra Misra
Jurisdiction
India
Judgment Date
12 December 1980
Procedural Posture
Criminal Appeal / Appeal From Allahabad High Court Order in Criminal Misc. Contempt Case No. 115/73
Outcome
Appeal dismissed.
Legal Topics
High Court Powers, Procedure for Criminal Contempt, Cognizance of Contempt of Subordinate Court
Contempt of Court Constitutional Law High Court Powers Procedure for Criminal Contempt Cognizance of Contempt of Subordinate Court

Case Brief

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Parties

S. K. Sarkar

Appellant

Vinay Chandra Misra

Respondent

Procedural Posture

Criminal Appeal / Appeal From Allahabad High Court Order in Criminal Misc. Contempt Case No. 115/73

Legal Issues

  1. 1 Whether the High Court can take suo motu cognizance of criminal contempt of a subordinate court without a reference from the subordinate court or a motion by the Advocate-General under section 15(2) of the Contempt of Courts Act, 1971

Ratio Decidendi

Section 15(2) of the Contempt of Courts Act, 1971 does not take away the High Court's power to take suo motu cognizance of criminal contempt of a subordinate court. The omission of the mode of suo motu cognizance in section 15(2) does not restrict the High Court. Harmonious construction with section 10 is required (powers of contempt regarding subordinate courts equal those regarding contempt of itself).

Court Disposition

Appeal dismissed.

Orders

  • Case sent back to High Court for further proceedings in accordance with law.