( 1 ) THIS matter arises out of a reference made by this Court for inquiry under Section 10 (2) of the Indian Bar Councils Act, 1926. In consultation with the Bar Council the reference was made in March 1960 to the District Judge, Howrah, who after recording oral evidence, found the Advocate concerned to have used some words towards a Magistrate, constituting a contempt of Court.

( 2 ) AS there is a direct conflict of testimony between that of the Advocate and the Magistrate, it is necessary to refer in brief to the history of the litigation and the circumstances in which the words complained of arc alleged to have been uttered. As early as August 1955 there were disputes between one Suresh Chandra Bera and one Bejoy Kumar Mondal with regard to a cinema home in village Shyampur within the jurisdiction of the Magistrate's Court of Uluberia in the district of Howrah, There were proceedings under Section 145 of the Criminal Procedure Code in the Court of the Second Officer, Ulberia, in which the said Snresh Chandra Bera was the first party, Bejoy Kumar Mondal was the second party No. 1 and one Jnanendra Nath Bera was second party No. 2. An interim order of attachmen