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1997 Supreme(SC) 356

A. M. AHMADI, S. B. MAJMUDAR, SUJATA V. MANOHAR
High Court Of Judicature At Allahabad Through Its Registrar – Appellant
Versus
Raj Kishore Yadav – Respondent


JUDGMENT

S.B. Majmudar, J.-Leave granted.

2. This appeal arises out of a Special Leave Petition moved by the High Court of Judicature at Allahabad through its Registrar having obtained permission from this Court to file the same against the judgment and order dated 6th November 1996 rendered by a Division Bench of the High Court of Allahabad. By the impugned order Rule 4(a) of Chapter XXXV-E of the High Court Rules, 1951 was declared to be ultra vires Article 215 of the Constitution of India in so far as the said Rule permits hearing of a petition alleging civil contempt in connection with breach or violation of an order, direction or judgment of a Bench of the High Court by a learned Judge to whom such work is assigned by the Chief Justice and who is other than the judge or judges who have passed the concerned order, direction or judgment. The learned judges by their impugned order have taken the view that as the High Court is a court of record as provided by Article 215 of the Constitution of India once a Bench of the High Court has passed an order or direction breach of which is complained of by the aggrieved party, the same Bench which has the record of the case must hear the Con















































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