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1980 Supreme(Ker) 91

V.BALAKRISHNA ERADI, G.BALAGANGADHARAN NAIR
RAJAH – Appellant
Versus
M. S. P. RAJESH – Respondent


Judgment :-

1. By this petition the petitioners have prayed that action should be taken against the respondent under the Contempt of Courts Act, 1971 for alleged disobedience of an order dated 30-8-1978 passed by the Subordinate Judge, Palghat on Report No. 2 of 1978 submitted to that court by the receivers appointed in O. S. No. 237 of 1975 on its file. By the said order the Subordinate Judge had directed the respondent to produce certain ledgers and documents relating to the period from 1964 onwards upto 1974-75 in court within a week from the date of its passing (30tb August, 1978) The complaint of the petitioner is that the respondent has failed to comply with the said direction and hence is guilty of contempt of court.

2. A preliminary objection is taken by the respondent that since more than one year has expired from the date on which the contempt is alleged to have been committed by him, no proceeding for contempt can be initiated against him at present in view of the provision contained in S.20 of the Contempt of Courts Act, 1971 prescribing the period of limitation applicable to actions for contempt. After hearing both sides we consider that there is force in this contentio




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