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december 1980

Supreme Court of India · 1980-12-12

S. K. SARKAR, MEMBER, BOARD OF REVENUE, U.P., LUCKNOW vs VINAY CHANDRA MISRA

Citation / case number
SC 1974/60256
Court
Supreme Court of India
Petitioner
S. K. SARKAR, MEMBER, BOARD OF REVENUE, U.P., LUCKNOW
Respondent
VINAY CHANDRA MISRA
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that Section 15(2) of the Contempt of Courts Act, 1971 does not restrict the High Court's power to take suo motu cognizance of contempt of a subordinate court. The Court affirmed that the High Court acted properly in taking cognizance based on the petition of the respondent-advocate, despite the absence of a reference from the subordinate court or a motion by the Advocate-General. The judgment clarified that Articles 129 and 215 empower the Supreme Court and High Court, respectively, to punish contempt, and that the High Court can act on information from its own sources.

S. K. SARKAR, MEMBER, BOARD OF REVENUE, U.P., LUCKNOW vs VINAY CHANDRA MISRA · Niyam