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Posted by: Prakash Yedhula 03/05/2009 08:46:18

Though the contempt jurisdiction of the Supreme Court and the High Court can be regulated by legislation by appropriate Legislature under Entry 77 of List 1 and 14 of List III in exercise of which the Parliament has enacted the Act of 1971, the contempt jurisdiction of the Supreme Court and High Court is given a constitutional foundation by declaring such courts, to be the “courts of records” under arts. 129 and 215 of the Constitution and there from the inherent power of the Supreme Court and High Court cannot be taken away by any legislation short of constitutional legislations.—Pritam Pal v. High Court 1992 Cr LJ 1269

Posted by: Prakash Yedhula 03/05/2009 08:46:07

The whole object of prescribing procedural modes of taking cognizance in s. 15 is to safeguard the valuable time of the High Court and the Supreme Court being vested by frivolous complaints of contempt of court. Sec. 15(2) does not restrict the power of the High Court to take cognizance of the contempt of a subordinate court on its own motion although apparently the section does not say so.—Delhi Judicial Service Association v. State of Gujarat AIR SC 2176



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