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Tarachand   18 February 2018

Passing of remark on high court's judicial poecedure in jmfc

Sirs/Mams

There are some cases and Appeal pending in JMFC and in High Court as well, between parties

 

Opposite Party made three statments before JMFC as under:-

(1)  That complainant always delays proceedings.

(2)  That “the Complainant used to apply tactics in pending appeal in High court and thereby used to adjourn proceedings.

(3)  That on 02-02-2018 passing of interim order by the High Court was stopped by the Complainant by using such tactics”.

 

Query :

Sirji can any party quote like this in JMFC about judicial proceedings took place in High Court

IS IT NOT CONTEMPT ?

 

Plz. Guide

HARIOM



Learning

 4 Replies

TGK REDDI   18 February 2018

It is not.

Siddharth Srivastava (Advocate)     18 February 2018

As such there is nothing wrong in the given statements. What is your query. Mr. HARIOM.

Tarachand   19 February 2018

Sir Siddarth

 

Actually JMFC is lower Court than High Court

 

And in JMFC mentioning that the Complainnat was tactfully delaying proceedings in High Court shows inabilty of High Court

 

And Furtehr in JMFC mentioning that High Court wantedto pass Interim Order but the Complainant has stopped it in passing Interim Order is raising question on High Court's authority and its ability because High Court never mentioned any such remarks in its daily order (order of proceedings) .

 

In my opinion this is lowering dignity of High Court

 

PLEASE GUIDE

HARIOM

 

 

TGK REDDI   19 February 2018

All the three points in the Query are no interference.      So, according to Section 13 (a) of Contempt of Courts act, no sentence to be awarded.

Section 5:-    The criticism is unpublished.

                     The criticism is fair and bona fide.


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