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NRI legal services - https://lexlords.com/objections-jurisdiction-nri-property-case/. Sinha that even assuming that this view is correct, the language of section 499 of the Indian Penal Code is wide enough to cover a case of contempt of court. In our opinion, neither case is apposite here. " When the act of defaming a judge is calculated to obstruct or interfere with the due course of justice or proper administration of law, it would certainly amount to contempt. The company wished to treat those debentures as of no value and thus show a much smaller profit than would otherwise have been the case.

TIle offence of con- tempt is really a wrong done to the public by weakening the authority and influence of courts of law which exist for their good. As was said by Willmot, C. " On the contrary, it is to be presumed that a public authority will act honestly and reasonably in the exercise of its statutory-powers, and that the State Govern- ment in the present case will, before directing a case to be tried by a Special Court, consider whether there are special features and circumstances which might unduly protract its trial under the ordinary procedure and mark NRI legal services (this hyperlink) it off for speedier trial-under the Act.

and whenever man's allegiance to the laws is so fundamentally shaken it is the most fatal and dangerous obstruction of justice and in my opinion calls out for a more rapid and immediate redress than any other obstruction whatsoever; not for the sake of the judges as private indi- viduals but because they are the channels by which the King's justice is conveyed to the people" n433 It is next urged by Mr. Why should we assume or apprehend that our Parliament or State legislatures should act like mad men and deprive us of our property without any rhyme or reason ?

The Chief Justice and Judges of the High Court,(1) "although contempt may include defamation, yet an offence of contempt is something more than mere defamation and is of a different character. Payment of interest - When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per centum per annum from the time of so taking possession until it shall have been so paid or deposited: Secondly--Tenures existing at the time of settlement which have not been held at a fixed rent ,' Provided always that the rents of such tenure shall be liable to enhancement under any law for the time being in force for the enhancement of the rent of such tenures.

That, I apprehend, is not the function of the court. In the English case, a company with no fixed capital was NRI Legal Services under liquidation and the question was whether the market value of certain debentures which the company had purchased ought to be brought into the profit and loss account so as to augment the profits actually shown in the balance-sheet. 654 therefore, in the matter of deprivation of property by the exercise of the State's power of taxation our Constitution has only given us protection by article 265 against the executive but none whatever against the legislature and if, in the matter of deprivation of our life and personal liberty our Constitution has given us no better protection against the legislature than the requirement of a procedure to be established by the legislature itself: and the skeleton procedure prescribed by article 22, and seeking that our Constitution has, by article 31(2), given us protection against the legislature at least with respect to the exercise of the power of eminent domain, what is there to complain of ,if, in the matter 015 deprivation of property by the exercise of the State's police power, our Constitution has, by article 31 (1), given us protection only against the executive but none against the legislature ?

What is abnormal if our Constitution has trusted the legislature, as the people of Great Britain have trusted their Parliament ? In the Calcutta case, a partnership was would up and the question related to the valuation of assets consisting of stocks and shares, on the dissolution. We do not think that this contention can be accepted as sound. (2) "attacks upon the judges excite in the minds of the people a general dissatisfaction with all judicial determi- nations. Right to life and personal liberty and the right to private property still exist in Great Britain in spite of the supremacy of Parliament.

What is said is, that if a libel is published against a judge in respect of his judicial functions, that also is defamation within the meaning of section 499 of the Indian Penal Code and as such libel constitutes a contempt of court, it may be said with perfect propriety that libel on a judge is punishable as contempt under the Indian Penal Code. In habeas corpus proceedings the Court is to have regard to the legality or otherwise of the detention at the time of the return and not with reference to the date of the institution of the proceedings.

The other contention raised is that the order of confirma- tion not being expressed to be made in the name of the Governor, as is required under article 166 (1) of the Con- stitution, is void and inoperative. But the apprehension of such vagaries can be no justification for stretching the language of the Constitution to bring it into line with our notion of what an ideal Constitution should be. That is the price we must pay for democracy.

Abuse of power given by law sometimes occurs; but the valid- ity of the law cannot be contested because of such an appre- hension. On the answer to that question hung the fate of two servants of the company who, under the terms of their agreement with the company, could only be paid their salaries out of the profits of the company. After all our executive government is responsible to the legislature and the legislature is answerable to the people.

To do so is not to interpret the Constitution but to make a new Constitution by unmaking the one which the people of India have given to themselves. Even if the legislature indulges in occasional vagaries, we have to put up with it for the time being. As the Privy Council observed in Surendra Nath Banerjee v. If the Constitution, properly construed according to the cardinal rules of interpretation, appears to some to disclose any defect or lacuna the appeal must be to the authority competent to amend the Constitution and not to the court.

A libellous reflection upon the conduct of a judge in respect of his judicial duties may certainly come under section 499 of the Indian Penal Code and it may be open to the judge to take steps against the libeller in the ordinary way for vindication of his character and personal dignity as a judge; but such libel may or may not amount to contempt of court.