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1978 Supreme(SC) 114

N.L.UNTWALIA, P.N.SHINGHAL
Purshotam Dass Goel – Appellant
Versus
Mr. Justice B. S. Dhillon – Respondent


Advocates:
HARDEV SINGH, MOHAN BEHARI LAL, Mohini L.Bhill, N.Sachthey, S.N.KACKAR, Sunanda Bhandare

JUDGMENT

UNTWALIA, J.:— This is an appeal filed by the alleged contemner under S. 19 (1) of the Contempt of Courts Act, 1971 (hereinafter called the Act), from the order dated 2nd April, 1975 of the High Court of Punjab and Haryana directing the issue of notice to the appellant to show cause why he should not be proceeded against for committing contempt of the High Court. The Notice was issued in accordance with the procedure prescribed under S. 17 of the Act, to show cause against the appellants alleged lability to be punished under S. 15.

2. A preliminary objection was raised by the Learned Solicitor General on behalf of the respondents that no appeal lies to this Court under S. 19 of the Act from an order issuing notice as nothing yet has been decided by the High Court. Mr. Mohan Behari Lal, learned counsel for the appellant combated this argument and submitted that an appeal does lie to this Court as a matter of right under S. 19.

3. In our opinion, the preliminary objection raised on behalf of the respondents is well founded and must be accepted as correct. S. 19 (1) says :-

"An appeal shall lie as of right from any order or decision of the High Court in the exercise of its juris











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