SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1961 Supreme(All) 236

M. C. DESAI, J. N. TAKRU, S. N. DWIVEDI
RAM SARAN TEWARI – Appellant
Versus
RAJ BAHADUR VARMA AND ORS. – Respondent


Advocates Appeared:
D.P.AGRAWAL, M.H.BEG, N.D.OJHA, V.K.S.Chaudhary

DESAI, C. J.


( 1 ) I would answer the question in the negative; I regret I cannot agree with the view expressed by my learned brothers to the effect that Nyaya Panchayats are as courts subordinate to this Court within the meaning of Section 3 of the Contempt of Courts Act. They may be "courts" but I am not persuaded to hold them to be subordinate to this Court. in the case of Sukhdeo Baiswar v. Brij Bhusan, AIR 1951 All 667 referred to by them. I did hold that they are subordinate to this court but I revised the view in State of Uttar Pradesh v. Ram Ratan Shukla, AIR 1956 All 2. 58 and Bishun Kant v. Vijai Bahadur Singh, Cr. Misc. Contempt Case No. 6 of 1959, D/25-11-1959 (All ).

( 2 ) NEITHER (the Contempt of Courts Act nor the Constitution, ,nor any other enactment explains which Courts are subordinate to this Court. The Government of India Act and the Constitution have used different phrases to describe how other Courts stand in relation to the High Court of the territory they being "inferior courts", subordinate courts and "courts over which a High court has powers of superintendence", "court to which an appeal (ordinarily) lies, and there is nothing to indicate that they all









































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top