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1996 Supreme(Cal) 360

Bhagabati Prasad Banerjee
Begunkodar High School – Appellant
Versus
Samarendra Bandopadhaya – Respondent


Advocates:
Advocate Appeared:
M. B. Sircar, Miss Sefali Sarkar, Mrs. Kalpana Khan Mondal for the petitioner.
S. Dasgupta, P.K. .Banerjee for the respondent.

JUDGMENT

Bhagabati Prasad Banerjee, J.: The contempt rule was issued for the violation of the orders dated 14.10.1990 and 22.06.1992, passed by this Court. On behalf of the opposite party/contemner, the preliminary point has been taken that the contempt application has become barred by limitation.

2. A question arises in this case whether the period of limitation prescribed under s. 20 of the Contempt of Courts Act, will apply in a contempt proceeding initiated by the High Court not only for the purpose of violation of the order passed by the High Court under Art. 226 of the Constitution of India but also' in exercise of the power conferred on the High Court under Art. 215 of the Constitution of India.

3. Article 215 of the Constitution of India provides that "Every High Court shall be a Court of record "and shall have the powers of such a Court including the power to punish for contempt itself".

4. Section 20 of the Contempt of Courts Act provides that "No Court shall initiate any proceeding for contempt, either on its own motion or otherwise, after expiry for a period of one year from the date of which contempt is alleged to have been committed".

5. Expression 'Contempt of Court' has
















































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