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

2009 Supreme(All) 2515

S.RAFAT ALAM, SUDHIR AGARWAL
ISLAMUDDIN – Appellant
Versus
UMESH CHANDRA TIWARI – Respondent


Advocates:
Counsel :
Arvind Srivastava for the Applicant; S.C. for the Respondent.

JUDGMENT

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





























































































































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