Judgement

Appeal (No.23 of 1944) from a judgment and order of the High Court (Kania J.) (October 15, 1942), as modified by an order of that judge (October 16, 1942).

The question in this appeal was whether the appellant had in all the circumstances committed the offence of contempt of court in making the following two statements in open court before Kania J. on October 9, 1942, in the course of argument on a summons for a review of taxation of costs (a) "I do not "keep anything back at all. My fault is that I disclose everything, unlike members of the Bar, who are in the habit of not doing so and misleading the court.” (b) "It is "customary for the taxing masters to write what is written at the end of the paragraph, but is it considered at all?"

Kania J. found the appellant guilty of contempt of court in respect of both matters, and sentenced him to imprisonment for eight days and ordered him to pay a fine of Rs.1.000. On November 18, 1942, the High Court (Beaumont C. J. and Sen J.) granted the appellant leave to appeal to His Majesty in Council against the order of Kania J.

1945. Apr. 12. W. W. K. Page for the appellant. The appellant was not, in making either of the statements in