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Section 19 – The Contempt of Courts Act, 1971

The Contempt of Courts Act, 1971

 

 

19. Appeals –

 

(1) An appeals shall lie as of right from any order to decision of High Court in the exercise of its jurisdiction to punish for contempt-

 

(a) Where the order or decision is that of a single judge, to a Bench of not less than two Judges of the Court.

 

(b) Where the order or decision is that of a Bench, to the Supreme Court.

Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court.

 

(2) Pending any appeal. The appellate court may order that-

(a) The execution of the punishment or order appealed against be suspended

 

(b) If the appellant is in confinement, he be released on bail, and

(c) The appeal be heard notwithstanding that the appellant has not purged his contempt.

 

(3) Where any person aggrieved by any order against which an appeal may be filed satisfied the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub section (2).

 

(4) An appeal under sub section (1) shall be filed-

 

(a) In the case of an appeal to a Bench of the High Court, within thirty days.

 

(b) In the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against.

 

COMMENTS

 

(a) When thee High Court acquits the contemner, no appeal lies; Subhash Chandra v.B.R. Kakkar, (1992) 2 Punj Lr 46 (P & H).

 

(ii) If the order of committal for contempt of court is made –

 

(b) By a single Judge of the High Court, an appeal lies to a Division Bench thereof; or

 

(c) By a Division Bench of the High Court, an appeal lies to the Supreme Court, As of a statutory right; Mohammad Idris v.R.J. Babuji, (1984) 2 Crimes 880 (SC).

 

(iii) It is not each and every order passed during the contempt proceedings that is appealable; S.P. Wahi v.Surendra Singh, 1983 Cr LJ 1426.

 

(iv) An Appeal does not automatically operate as a stay of the order appealed against; Hans Raj v.State of Himachal Pradesh, 1985 Cr LJ 1030.

 

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The Contempt of Courts Act, 1971

 

Indian Laws – Bare Acts

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