1. Contempt of court proceedings — language used in notice under Section 80, Civil Procedure Code. (Para 1 )
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1969 Supreme(SC) 223
SUPREME COURT OF INDIA
J.C.Shah : S.M.Sikri : V.Ramaswami
S.G.Mazumdar
Versus
B.K.Lala
Case No. : 97 of 1967
Date of Decision : 4/30/69
An unqualified apology for language used in a statutory notice under Section 80 of the Civil Procedure Code may be accepted by the court to discharge contempt proceedings and waive further punishment.
Headnote:(A) Civil Procedure Code, 1908 - Section 80 - Contempt of Court - Unqualified apology tendered by the appellant for language used in the notice under Section 80 - Apology accepted - No further action by way of punishment for contempt of court deemed necessary. (Para 1)
(B) Refund of Fine - Apology tendered subject to the right to prosecute the suit filed in the High Court - Fine imposed by the High Court, if paid, ordered to be refunded. (Para 2)
Facts of the case:
The appellant had used certain language in a notice issued under Section 80 of the Civil Procedure Code, which led to contempt proceedings and the imposition of a fine by the High Court. An unqualified apology was subsequently tendered on behalf of the appellant.
Findings of Court:
The court accepted the unqualified apology and held that no further punishment for contempt of court was required.
Issues: Whether the unqualified apology tendered by the appellant was sufficient to avoid further punishment for contempt of court and whether the fine imposed by the lower court should be refunded.
Ratio Decidendi: Where an unqualified apology is tendered for the language used in a statutory notice, the court may accept such apology and dispense with further punishment for contempt, while allowing the party to maintain their right to prosecute the underlying suit.
Result: Apology accepted and fine ordered to be refunded.
Legal Category Hierarchy
Table of Contents
2. Tender of an unqualified apology on behalf of the appellant for the language used in the statutory notice. (Para 1 )
3. Acceptance of an unqualified apology renders further punishment for contempt of court unnecessary. (Para 1 )
4. An unqualified apology may suffice to preclude further punishment in contempt of court proceedings. (Para 1 )
5. Apology accepted — punishment for contempt waived — fine imposed by the High Court ordered to be refunded. (Para 1 , 2 )
6. Can an unqualified apology prevent further punishment in contempt of court proceedings?
Yes, if the court accepts an unqualified apology, it may determine that no further action by way of punishment for contempt of court is required. (Para 1 )
7. Can an apology be tendered without prejudice to the right to pursue other litigation?
Yes, an apology may be tendered subject to the party's right to prosecute other suits filed in court. (Para 2 )
(1) AFTER some arguments are advanced on behalf of the appellant Mr. Sukumar Mitra has tendered an unqualified apology on behalf of his client for the language used by the appellant in the notice under Section 80, Civil Procedure Code. We accept the apology and are of the view that no fur- ther action by way of punishment for contempt of court need be taken.
(2) WE may however, observe that this apology has been tendered by him subject to his right to prosecute the suit which he says he has filed in the High court of Calcutta on the original side. The fine imposed by the High court, if paid, is ordered to be refunded.
