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march 1961

Supreme Court of India · 1961-03-14

B. K. KAR vs THE CHIEF JUSTICE AND HIS COMPANIONJUDGES OF THEHIGH COURT

Citation / case number
SC 1959/97
Court
Supreme Court of India
Petitioner
B. K. KAR
Respondent
THE CHIEF JUSTICE AND HIS COMPANIONJUDGES OF THEHIGH COURT
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that a subordinate court cannot be held guilty of contempt of court unless it is established that the court had knowledge of the High Court's order and intentionally disobeyed it. In this case, the appellant, a Magistrate, acted on an application that was not duly communicated and thus was entitled to ignore it. The Court ruled that the Chief Justice and judges of the High Court should not be made parties in contempt proceedings, emphasizing that the proper title should be 'In re... the alleged contemnor'. The conviction for contempt was overturned.

B. K. KAR vs THE CHIEF JUSTICE AND HIS COMPANIONJUDGES OF THEHIGH COURT · Niyam