LexLords NRI Legal Services Ludhiana By NRI Legal Services LexLords
NRI legal services - http://lexlord.com. Atul Chandra Gupta (Bijan Behari Das Gupta, with him) for respondent No. The mode of purging contempt by tendering apology is a further char- acteristic of a contempt proceeding. 2012, a learned Single Judge of the High Court of Kerala dismissed the writ petition (C) No. As both the plaintiff and the defendant were innocent persons, who suffered on account of the fraud of a third party, we direct that the parties shall bear their own costs in all the courts.
It was against his express desire that Mukherjee took the shares and left the chamber with them and he had to wait for a minute or two as he could not think of any other alternative open to him at that juncture. The only doubt with which the Act deals is the doubt whether a High Court could punish for a contempt of a court subordinate to it. That doubt the Act removed. It also limited the amount of punishment which a High Court could inflict. The High Court allowed the CMAs, set aside the judgment and decree of the First Appellate Court and granted a preliminary decree in the suit for partition by declaring that the Plaintiffs were entitled for 5/8 share jointly and Defendants 1, 3 and 4 were entitled to 1/8 share in the suit house property.
In spite of Paul's protest, lie bolted away with the papers asking Paul to wait. 32911 of 2011 by holding that the petitioners did not have any right in the property after the title had passed on to the Bank in 1994 and they cannot have any claim in respect of the rent received for the property or the proceeds of the sale conducted by the Bank. Explanation I " The words raw materials, component parts and any other inputs do not include exempted goods which are specified in the Schedule, horticultural produce, cereals, pulses, oil seeds including copra and cotton seeds, timber or wood of any species, newsprint, silk cocoons, raw, thrown or twisted silk, tobacco (whether raw or cured) and blended yarn, man-made filament yarn, man-made fibre yarn, man-made fibre, woolen yarn and woolen blended yarn, washed cotton seed oil, non- refined edible oil, rice bran and oil cake and such other goods as may be notified by the State Government from time to time.
This shows that Paul did not really rely upon the assurance of Mukherjee , and did not allow Mukherjee to have possession of the shares upon that assurance. The result, therefore, is that the appeal is dismissed and the judgment of the appeal court is affirmed. " (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for Government to levy an additional court fee, by notification in the Gazette, in respect of appeals or revisions to tribunals or appellate authorities, other than Civil and Criminal Courts, at a rate not exceeding one per cent of the amount involved in the dispute NRI legal services - her explanation - in cases where it is capable of valuation and in other cases at a rate not exceeding one hundred rupees for each appeal or revision.
Mukherjee gave Paul no opportunity whatsoever to express his assent or dissent in this matter. Taking the evidence as a whole, we think that the decision of the appellate bench of the High Court is correct and that on the facts and circumstances of this case it cannot be held that NRI legal services, her explanation, Mukherjee got possession of the shares with the consent of Paul. The facts giving rise to this appeal are, for the most part, uncontroverted and the dispute between the parties centres round the short point as to whether a contract for sale of land to which this litigation relates, was discharged and came to an end by reason of certain supervening circumstances which affected the performance of a material part of it.
Aggrieved by the said judgment of the High Court, the Appellant has filed the above Civil Appeals. nBut what is the 'transaction sought to be proved but the very agreement which the document not merely evidences but, by reason of its own force, creates ? The Judgment of the Court was delivered by MUKHERJEA J. 460 Act is intended to remove doubts about the, High Coures powers it is evident that it would have conferred those powers had there been any doubt about the High Court's power to commit for contempts of themselves.
That is not a collat- eral transaction and even if it were a transaction of that type, it would require a registered instrument for the reasons we have already given The gentleman told him that Mukherjee was nowhere in the office. Paul says in his deposition that he waited for 2 or 3 minutes, and when Mukherjee did not come back, he became anxious and went out of the chamber towards the counter where he found an old gentleman sitting. By a judgment dated 28.
It seems, therefore, that there are offences which are punishable as contempt under the Indian Penal Code and as subordinate courts can sufficiently vindicate their dignity under the provisions of criminal law in such cases the legislature deemed it proper to exclude them from the jurisdiction of the High Court under section 2(3) of the Contempt of Courts Act;but it would not be correct to' say that the High Court's juris- diction is excluded even in cases where the act complained of, which is alleged to constitute contempt, is otherwise an offence under the Indian Penal Code n431 or forwarded his case for trial under section 482.
