S.RAFAT ALAM, SUDHIR AGARWAL
ISLAMUDDIN – Appellant
Versus
UMESH CHANDRA TIWARI – Respondent
By the Court.—This matter has come up before us pursuant to the reference made by Hon’ble Single judge vide order dated 18.12.2006, formulating the following two questions to be answered by a larger Bench :
(i) Whether the decision in Pallav Sheth case, (2001) 7 SCC 549, can be construed so as to apply all the principles enshrined in the provisions of the Indian Limitation Act (except Section 17 thereof) and as to whether the same can be made applicable to proceedings to be initiated under Section 12 of the Contempt of Courts Act, 1971.
(ii) Whether the High Court in exercise of its powers for initiating contempt of its Court or the contempt of its subordinate Court or Tribunal, as the case may be, has the power to condone and waive the delay in initiation of contempt proceedings under Section 12 of the Contempt of Courts Act.
2. The two questions appear to have been formulated following the arguments advanced by the learned counsel for the applicant based on certain observations of the Apex Court in Pallav Sheth v. Custodian and others, 2001 (7) SCC 549 relying whereof the learned counsel for the applicant has sought to apply Section 5 of the Limitation Act, 1963 (hereinafter
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