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october 1954

Supreme Court of India · 1954-10-15

M. Y. SHAREEF AND ANOTHER vs THE HONBLE JUDGES OF THE HIGH COURTOF NAGPUR AND OTHERS.

Citation / case number
SC 1952/10
Court
Supreme Court of India
Petitioner
M. Y. SHAREEF AND ANOTHER
Respondent
THE HONBLE JUDGES OF THE HIGH COURTOF NAGPUR AND OTHERS.
Bench
MAHAJAN, MEHAR CHAND (CJ),DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.

Judgment text excerpt

The Supreme Court clarified that an advocate signing an application containing scandalous matter against the Court is guilty of contempt unless he has reasonable grounds for such allegations. The Court emphasized that an advocate's duty to the Court supersedes his duty to the client, and that an apology cannot serve as a defense in contempt proceedings. The judgment reinforces the principle that there cannot be both justification and apology in contempt cases, as they are incompatible.

M. Y. SHAREEF AND ANOTHER vs THE HONBLE JUDGES OF THE HIGH COURTOF NAGPUR AND OTHERS. · Niyam