S.16: Contempt by Judge, Magistrate or other person acting judicially
Section 16: Contempt by Judge, Magistrate or other person acting judicially
(1) Subject to the provisions of any law for the time being in force, a Judge, Magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far far as may be, apply apply accordingly. accordingly. (2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or other person acting judicially judicially,, regarding a subordinate court in an appeal or revision pending before such Judge, Magistrate Magistrate or other person against the order or judgment of the subordinate court. Baradakanta Mishra Commissioner Of Endowments Versus Bhimsen Dixit [AIR 1972 SC 2466] B.K.Kar Versus Hon Ble The Chief Justice And His Companion Justices Of The Orissa High Court [AIR 1961 SC 1367] Balkrishna Mahadev Lad versus State of Maharashtra [(2012) 6 MhLJ 146] A Subordinate Court / tribunal refusing to follow a High Court decision amounts to deliberate and wilful disobedience of High Court and is Contempt of the Court – AIR 1972 SC 2466, Para 11, 13. Conduct of the Magistrate amounts to delaying tactics and hence is contempt – 1967 CrLJ 1441, Paras 9, 11 (Pat HC). Contempt of Court Act – Section 16 – Baba Abdul Khan versus A D Sawant JMFC, Nagpur – 1994 CrLJ 2836 ( Bom)
Posted 22nd February by The Practice of Law Labels: Contempt of Courts 0
