BIREN VAISHNAV, NISHA M. THAKORE
Gujarat Operational Creditors Association Thro. Kamlesh Luhar – Appellant
Versus
Lakshmi Niwas Mittal – Respondent
ORDER :
(Biren Vaishnav, J.)
1. The present Criminal Misc. Application (for contempt) has been filed by Gujarat Operational Creditors Association under Section 15 of the Contempt of Court’s Act read with Article 215 of the Constitution of India for the following prayers:
2. Make, in exercise of power under Section 357(3) of the CrPC, an order for grant of compensation to the Petitioners’ group for the costs, expenses, mental harassment, and injury suffered by them, with be not less than Rs. 10 crores.”
2. It is the case of the applicant as factually submitted by Mr.Deepak Khosla learned advocate for the applicant that in the facts of the present case, the respondents have obtained the order from the NCLT on 08.03.2019 by fraud. Factually, it is the case of the applicant that ESSAR Steel India Ltd. (‘ESIL’ for short) was placed int
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L.P. Misra (Dr.) V/s. State of U.P.
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Govind Sahai v. State of U.P. reported in AIR 1968 SC 1513
Hira Lal Dixit v. State of U.P. reported in 1955 1 SCR 677
Shri K.S. Villasa v. Ladies Corner & Anr. reported in AIR 1999 SC 2140
Nalin Chandra Pal v. Bejoy Ranjan Ganguly reported in AIR 1953 Cal 53
Re v. Balwan Singh reported in 1996 11 SCC 74
Shankar Lal Sharma v. M.S. Bisht reported in AIR 1956 ALL 160
Bal Thackery v. Harish Pimpalkhute and others reported in (2005) 1 SCC 254
Bijayni Dash and others v. Loknath Mishra and others reported in (2005) 9 SCC 194
Vilas V. Sanghai v. Sumermal Mishrimal Bafna and Another reported in (2016) 9 SCC 439
Unfounded allegations against judges constitute criminal contempt, undermining judicial authority and integrity.
The court emphasized the necessity of maintaining judicial dignity and the procedural safeguards required in contempt proceedings, highlighting that failure to frame specific charges violates natural....
The main legal point established in the judgment is that the limitation prescribed under Section 20 of the Contempt of Courts Act is to be scrupulously followed, and the powers under Article 215 of t....
The High Court emphasized that contempt applications must be filed within one year of the alleged contempt, adhering to statutory limitations while asserting selective exercise of inherent powers onl....
The High Court can take suo motu cognizance of contempt of a subordinate court based on verified information, notwithstanding the absence of a formal reference or motion from the Advocate-General.
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