Thank u Dr. Maj Gen. J.C.vashista for being present here.
You say:"Nothing to worry, an Additional District & Session Judge has no power to take up Contempt of Court, at the most- if he is of such opinion, it shall be noticed -on reference by High court."
No..no... her ( the AD&S judge is a suave lady judge ) " concern" expressedwas whether by sustaining the objection and not following the High Court order urged by me to be of per incuriam order , that is not a binding precedent , whether she is committign contempt of court u/S 16 of the Contempt of Court Act, whcih rteads: " 16 Contempt by judge , Magistrate, or toher person acting judicially. - (1) Subject to the provisions fo any alw for the time beign in force a judge , Magistrate, of other person acting judicially shall also be lieable for contempt of his own court or of any other court in the same manner as any other court in te same ,manner as any other individual is liable and the provisions of this Act shall , so far as may be, apply accordignly.
So, the honble judge feels not to implement the High Court order, final bymerger of the trial court with the said order of the high Court made in exercsie of revisional jurisdiction under Article 227 , will result oin contempt of the high court.
how to allay her fear, Sir? i know what to say. But let em hear from other paywers too as to how they will handle her concern if they stand in my place.
To ensuer i am going through decided cases by searching in indiankanoon and other web sitaes.
some discussion here, lawyers club of india" will also benefit me.
So temm me how u will reply to her to her concern that whethert sutaing my objection that the court does not derive authority to recall the witenss and proceed with his examination in chief by proof affdidavit by the defendants 2-7. The court accordignly exchews frurther proceedinsg in pursuance of the high court order.
Does the subrodinate court commites contempt of high court? read section 2 (b) of the Contempt of Courts Act 1971, please
P.Padmanaabhan, Advocate at 0238 AM IST on 3rd March 2012