FIRST LAW

SUPREME COURT OF INDIA | A.M. Khanwilkar & Ajay Rastogi, JJ. Crl.A. No. 1238 of 2019 (Dairy No. 10342 of 2016) with (Interlocutory Application Nos. 128666 of 2017, 123144 of 2017, 122625 of 2017, 127773 of 2017, 30030 of 2018, 112422 of 2018 and 110313 of 2019 with W.P. (C) No.13 of 2018 (Alongwith C.M.P. No.4015 of 2018 and Interlocutory Application Nos.62789 of 2019, 99303 of 2019 and 61232 of 2019) & Writ Petition (C) No.1027 of 2018 (alongwith C.M.P. Nos.122904 of 2018 and 97450 of 2018) 14-08-2019 The Contempt of Courts Act, 1971 – Section 19(1) – Utterances made by the appellant before the High Court – Whether the same would constitute criminal contempt in the face of the Court. By this application, appellant has prayed that she may be permitted to place on record documents mentioned in paragraph Nos.10, 11 and 12 of the application which according to her are fraudulent, invalid and forged documents. The same were filed before the High Court of Delhi i...

Advocate - An advocate is duty bound to act as per the higher status conferred upon him as an officer of the court. He plays a vital role in preservation of society and justice delivery system. Advocate has no business to threaten a Judge or hurl abuses for judicial order which he has passed. In case of complaint of the Judge, it was open to the advocate to approach concerned higher authorities but there is no licence to any member of the Bar to indulge in such undignified conduct to lower down the dignity of the Court. Such attempts deserve to be nipped at the earliest as there is no room to such attack by a member of noble profession.

Advocates Act, 1961 - Section 16(2) - Cannot be said to be unconstitutional - designation of Senior Advocate cannot be as a matter of bounty or as a matter of right.

Contempt of Courts Act, 1971 - Section 2 (b) - Code of Civil Procedure, 1908 - Order XXXIX Rule 2A - Where an injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code is granted by a subordinate Court, High Court cannot punish the contemnor. 

The definition of “undertaking” in the Concise Oxford English Dictionary, is this: an undertaking is a formal promise to the court to do something or to abstain from doing anything.

Contempt of Courts Act, 1971 - Sections  9,  15, 16 - C ontempt proceedings cannot be initiated against a Judge of Court of Record, on allegations of committing a contempt of his own Court.

Contempt of Courts Act, 1971 -  The dignity and authority of the Court has to be maintained not only by the general public but also by the Advocates who constitute an important part of the system of the administration of justice and are considered as officers of the Court.  

Hindu Marriage Act, 1955 -  Ss. 13B(1) & 13(B)(2) -  Whether a party, which has under a settlement agreement decreed by a Court undertaken to file a petition under Section 13B(1) or a motion under Section 13B(2) of the Act, 1955 or both and has also undertaken to appear before the said Court for obtaining divorce can be held liable for  contempt, if the said party fails to file or appear in the petition or motion or both to obtain divorce in view of the option to reconsider/renege the decision of taking divorce by mutual consent under Section 13B(2) of the Act?