Goswami & Another Vs
Querist :
Anonymous
(Querist) 22 May 2011
This query is : Resolved
1) In the recent case of Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others[5], this Hon’ble court had laid down few guidelines for the courts with regards to issuance of non-bailable warrants.Can i have the whole case law in this forum.
2) Contempt Of Court Act, 1971 Section 10 Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt's of courts subordinate to it and it has and exercise in respect of contempt's of itself.
Provided that no High Court shall take cognizance of contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
So can both the cases (Contempt of court & any offence punishable under the IPC) can be filled under the same court or any different court respectively where the contempt or offence has been taken place.
Guest
(Expert) 23 May 2011
The high court will have power only when there is injustice caused without exercising jurisdiction.
first court is the best court to exercise the jurisdiction on all matters. in contempt proceedings the court in which the offence committed recorded the demeanour of the person/witness.
