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P.Padmanaabhan (advocate)     02 March 2012

Contempt of superior court by subordinate judge?

 My dear and respected lawyer friends of the Club ,   

We all know about contempt of court of court resulting from intentional disobediance of Court orders. 

I face a situation and need yoru application of your mind and your views to guide me, please. 

The consequential poceedings in the Court of the Honble Addtional Disrtict & Session Judge /FTC  in implementing a High Court order is objected to by me for the reason of the High Couit Order in question is an order per incuriam (vide my posting at https://www.lawyersclubindia.com/forum/Re-Per-incuiam-order-of-the-high-court-51267.asp )

I have given Supreme Court and High Court  authorties  to explain  the principle of Per incuraim order or judgment being  not a binding precedent. is it so? 

That being so, will  sustaining my objection  result in the subdordinate judge incurring  contenpt of the suprior High Court in any way? 

Please add on- 

P.Padmanaabhan, advocate at 03:07 AM IST on 2 March 2012 



Learning

 3 Replies

Dr J C Vashista (Advocate)     02 March 2012

Dear Mr. Padmanaabhan,

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.

Besides this, it is not so serious/ contemptuous manner/way where ADJ can justify reference for issue of notice of contempt, which is very difficult to prove. 

More over, you have put in your best efforts to explain per-incurium, eleborate and present your case, to help the Hon'ble Court in arriving at a judicious decision, in the interest of justice.  

P.Padmanaabhan (advocate)     03 March 2012

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    

 

 

P.Padmanaabhan (advocate)     29 April 2012

my dear friends the hearing of arguments in  my memo of  obejctions against the fruther proceedoings in the matter of recall of  a witenss , for the reason of  the High Court  order  being  a per incuriam  one ( not a binding  precedent and hence NOT binding on the court ) is now posted to 30th April...but will NOT be heard  since on 30th there woudl be boycot  of court by memebres of local Bar .My memo of obejctiosn waas filed on on 19-12-2011 . The further hearing  will be only in June ince FastTrack Court  do not hear  cviil matters during Summer holidays ( May) of  summer vacation in Tamil naadu. 
P.Padmanabhan, advoacate. 


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