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Contempt of court

IN RE: N. PEDDI RAJU AND OTHERS versus

Because scandalous and scurrilous allegations had been made against the learned Single Judge of the High Court in the Transfer Petition, the Court issued show cause notice, accepted that affidavits of apology had been filed to this Court but held that the appropriate course was to permit the alleged contemnors to tender unconditional apologies before the concerned learned Judge of the High Court; the Registrar General of the High Court was directed to reopen the disposed Criminal Petition only for the limited purpose of allowing the alleged contemnors to tender those apologies within prescrib…

Source excerpt

  • Scandalous allegations against judge
  • Transfer petition practice
  • Apology in contempt proceedings
  • Duties of counsel
  • Status and protection of high court judges
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Contempt of court

ORBIT ELECTRICALS PRIVATE LIMITED versus DEEPAK KISHAN CHHABRIA & ORS.

The Supreme Court found, on the basis of CCTV footage and transcript, that the NCLAT Bench was duly apprised on 13.10.2023 of the Supreme Court's direction that judgment be pronounced only after the scrutinizer declared the AGM result, yet the Bench pronounced judgment in deliberate disregard of that direction; accordingly the NCLAT judgment of 13.10.2023 was set aside under Article 142, the appeal ordered to be reheard before a Bench presided over by the Chairperson of NCLAT, the Member (Technical)'s unconditional apology was accepted, the Member (Judicial) was censured (and tendered resigna…

Source excerpt

  • Compliance with supreme court orders
  • Nclat procedure and practice
  • Declaration of agm results
  • Sanctions and fines
  • Resignation and disciplinary action
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Service law

THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA AND ANR versus SRI M. NARASIMHA PRASAD

The Division Bench of the High Court erred in setting aside the Full Court's penalty and in barring further inquiry; certain charges (notably pronouncing operative portions without preparing the full judgment and improper conduct of auction sales of seized properties) constituted serious misconduct justifying dismissal, and the Full Court followed lawful procedure including in relation to the second show cause notice; accordingly the appeals are allowed and the dismissal is upheld.

Source excerpt

  • Departmental enquiry
  • Suspension
  • Dismissal from service
  • Natural justice
  • Second show cause notice
  • Proportionality of penalty
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Criminal procedure

SEEMANT KUMAR SINGH versus MAHESH PS & ORS.

The High Court’s adverse remarks against Appellant No.2 (a non-accused government officer) and against Appellant No.3 (who had no lis in the bail proceedings) were unreasonable, unjustified and caused prejudice; the High Court exceeded the scope of its jurisdiction in Section 439 Cr.P.C. by directing reports into past investigations concerning Appellant No.2 without giving him an opportunity to be heard; therefore the adverse remarks are expunged and the impugned interim order dated 07.07.2022 is quashed.

Source excerpt

  • Bail
  • Expunction of judicial remarks
  • Right to be heard
  • Scope of court's powers in bail proceedings
  • Directions to investigate past records
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Constitutional law

CHIEF ELECTION COMMISSIONER OF INDIA versus M.R VIJAYABHASKAR & ORS.

Oral observations made in the course of a hearing that are not part of the official judicial record cannot be expunged and do not justify restraining the media from reporting court proceedings; the media has a constitutional freedom to report judicial proceedings subject to Article 19(2) limitations; judges must exercise caution and propriety in oral remarks, and superior courts must balance judicial independence with accountability.

Source excerpt

  • Freedom of speech and expression
  • Open courts
  • Media reporting of judicial proceedings
  • Judicial accountability
  • Judicial restraint and propriety
  • Role and oversight of election commission
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Criminal law

APARNA BHAT & ORS. versus STATE OF MADHYA PRADESH & ANR.

Bail conditions that mandate contact between the accused and the victim or that implicitly condone or diminish the harm caused (for example, rakhi tying, tendering money as a customary ritual, repeated apologies, mediation or promises of marriage) are impermissible in sexual offence cases; courts must avoid judicial stereotyping and ensure bail conditions protect complainants. The impugned bail conditions were set aside and expunged.

Source excerpt

  • Bail conditions
  • Sexual offences
  • Judicial stereotyping
  • Gender sensitization
  • Victim protection
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Service law

SHRIRANG YADAVRAO WAGHMARE versus THE STATE OF MAHARASHTRA AND ORS.

The punishment of dismissal from service for a judicial officer who decided cases due to a proximate relationship with a lady lawyer, rather than on the merits of law and facts, is justified and mandatory under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. The officer's conduct failed to meet the required standard of integrity and probity, and no leniency can be shown.

Source excerpt

  • Disciplinary proceedings
  • Judicial integrity
  • Major penalties
  • Quantum of punishment
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Judicial conduct

AMAR PAL SINGH versus STATE OF U.P. AND ANR.

Adverse remarks and directions made by the High Court against the Chief Judicial Magistrate were wholly unwarranted and uncalled for. Even if the High Court had a different perception regarding the application of law or facts, such comments and directions should not have been made. The remarks and directions are therefore expunged, as they harm both individual reputation and the credibility of the judiciary.

Source excerpt

  • Adverse judicial remarks
  • Expunction of remarks
  • Judicial decorum
  • Strictures against subordinate judiciary
  • Section 156(3) crpc
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Civil law

M/S ATMA RAM BUILDERS P. LTD. versus A.K. TULI & OTHERS

Contemnor Archana Sinha, Additional District Judge, had no jurisdiction to override or stay the Supreme Court's eviction order; her action was quashed as void. Tenants and associated parties committed contempt by not vacating the premises and by filing frivolous objections to frustrate the eviction, but possession was ultimately delivered and the contempt notices discharged.

Source excerpt

  • Eviction
  • Contempt of court
  • Subordinate judiciary discipline
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Criminal procedure

SMT. MONA PANWAR versus THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRAR AND OTHERS

The disparaging remarks made by the Single Judge of the High Court were not justified, as the appellant had exercised judicial discretion in consonance with the Code of Criminal Procedure; higher courts should exercise restraint and not unjustifiably criticize lower judiciary.

Source excerpt

  • Expunction of remarks
  • Powers under s.156(3) cr.p.c.
  • Judicial restraint
  • Criminal investigation initiation
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.