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2007 Supreme(Ker) 148

J.B.KOSHY, K.P.BALACHANDRAN, A.K.BASHEER
P. Damodaran – Appellant
Versus
Cherkalam Abdulla – Respondent


Judgment :-

Koshy, J.

The preliminary point to be decided in this case is whether the proceedings for contempt is barred by limitation in view of section 20 of the Contempt of Courts Act, 1971 (hereinafter referred to as `the Act'). Section 20 of the Act reads as follows:

"20. Limitation for actions for contempt.—No court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

It is the contention of the respondent that the incident alleged to have occurred on 1-6-2001. The petition for contempt was filed on 4-10-2001 and defects were cured and re-presented only on 11-10-2001. Even though the petition was filed, no further action was done and only on 18-7-2005, Chief Justice ordered that the matter be posted and it was posted on 21-7-2005. Notice on admission was ordered. At the time of filing the petition, first respondent was a Minister, but, by the time notice was issued, he ceased to be a Minister and, therefore, correct address was ordered to be furnished. I.A.No.11998 of 2005 filed for the above purpose was allowed on 27-10-2005 and correct







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