Can Supreme Court punish for contempt of High Court?

No law can take away court’s power to punish for contempt: Supreme Court. Article 142 (2) states that “subject to the provisions of any law made in this behalf by Parliament” the Supreme Court shall have all and every power to make any order on punishment of any contempt of itself.

What procedure is to be adopted when there is a contempt against Supreme Court or High Court?

Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. In both the cases, contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.

Which acts do not fall under the category of contempt of court?

These are: (i) innocent publication of a matter or its distribution does not amount to Contempt of Court. (ii) publishing of fair and accurate reports of the Judicial proceedings does not amount to Contempt of Court. (iii) fair criticism on judicial acts does not amount to Contempt of Court.

Who can file contempt petition?

The Supreme Court has observed that when the directions issued in a judgment are general in nature, any aggrieved party (not just the party to the judgment), can file a Contempt petition when there is violation of such directions.

What comes under contempt of court?

Recently, the Supreme Court held that its power to punish for contempt under Article 129 is a constitutional power, which cannot be done away with even by any law.

What is the difference between civil contempt and criminal contempt?

Civil contempt refers to the wilful disobedience of an order of any court. Criminal contempt includes any act or publication which: (i) ‘scandalises’ the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner.

What is contempt petition?

Civil Contempt Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.

When to file SLP against a high court order?

 SLP can be filed against any judgment of High Court within 90 days from the date of judgement.  Or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court. Who can file SLP:

What is the effect of dismissal of SLP by the Supreme Court?

The effect of dismissal of SLP by the Supreme Court is that the order of the Supreme Court does not constitute res judicata to deny the petitioner the right to agitate matters on merits before the competent Court/Tribunal. (vii) Before the Delhi Tribunal Special Bench in the case of Dy.

When to file a Special Leave Petition (SLP)?

Under Article 136 of the Constitution of India Special Leave petition or SLP can be filed in the following circumstances: SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory of India. SLP can also be filed if the High court declines to grant the certificate of fitness to appeal to the Supreme Court.

What happens if SLP is dismissed in limine?

The decision of the High Court against which the SLP is dismissed in limine would not operate as resjudicata. However, when Supreme Court dismisses an SLP with reason, it might be taken as the affirmation of the High Court views on merits of the case, thus there is no reason to dilute the binding nature of precedents in such cases.