MANMEET PRITAM SINGH ARORA
Gunjan Kumar – Appellant
Versus
Vedant – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 64598/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 2058/2023 & CM APPL. 64597/2023
1. This petition impugns the show cause notice dated 14.08.2023 issued by the Civil Judge, District North-West, Rohini Courts, Delhi (Trial Court) in the Contempt Petition filed by the Respondent No. 1 under Sections 2, 10 and 12 of the Contempt of Courts Act, 1971 and under Section 340, Code of Criminal Procedure, 1973 (`Cr.P.C.') and under Sections 193 and 195 of the Indian Penal Code, 1860 read with Section 251 of Cr.P.C., against the Petitioner and the Respondent Nos. 2 and 3.
2. Learned counsel for the Petitioner states that no petition under Sections 2, 10 and 12 of the Contempt of Courts Act, 1971 is maintainable before the Trial Court.
2.1. She states that the jurisdiction for entertaining a contempt petition filed under Contempt's of Courts Act, 1971 vests with the High Court and Supreme Court alone.
2.2. She states that the Petitioner has already filed her preliminary objections protesting against the maintainability of the said petition and the matter is next liste
The jurisdiction of the Trial Court in entertaining a contempt petition under the Contempt of Courts Act, 1971 and the need for expeditious decision on preliminary objections.
Sufficient opportunity granted to the contemner for filing a reply is crucial in determining the maintainability of a criminal contempt reference.
Compliance with court orders and the procedure for contempt proceedings are clarified.
The provisions of the Contempt of Courts Act impose reasonable restrictions on free speech to protect judicial authority, and judges of superior courts are not liable for contempt in their own courts....
Contempt proceedings are not the appropriate forum to challenge the merits of an administrative decision passed in compliance with a court's direction; such challenges must be filed as independent le....
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