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2004 Supreme(SC) 415

Y.K.SABHARWAL, S.B.SINHA
Prodip Kumar Biswas – Appellant
Versus
Subrata Dass – Respondent


JUDGMENT

Y.K. Sabharwal, J.-These two appeals have been filed under Section 19 of The Contempt of Courts Act, 1971 (for short, the Act ). In one of the appeals, the challenge is to the impugned judgment and order of the High Court whereby the appellant has been held guilty of criminal contempt of court and fine of Rs. 2,000/- has been imposed upon him. The main grievance that has been urged by learned counsel in support of the appeal is that the High Court before holding the appellant guilty and imposing fine neither issued any notice nor afforded any opportunity of hearing to the appellant. In the second appeal, the challenge is to the impugned order of the High Court whereby the appellant was directed to be taken into custody forthwith though later on the same date, he was ordered to be released on bail. Both the appeals are offshoot of the same litigation pending in the High Court in respect whereof we may make a brief reference.

2. Respondent No. 1 filed Writ Application (WP No. 20305 (W) of 1997) in the Calcutta High Court, inter alia, praying that the State-respondents be directed to take appropriate action against the appellant and the institutions run by him and he be stoppe















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