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Concept of Limitation in Contempt Proceedings

By Suman Sirohi , Kameshwar Prasad Agrawal

Published In

Air 1996

Should liberal approach in contempt proceeding permit the contemners go scot free? Whether technicalities be permitted to defeat the very object of contempt jurisdiction? The question has become relevant because a learned Judge of the Allahabad High Court in a number of cases (judgment dated 20-9-1995 in Contempt Case No. 1346 of 1995 - Gajendra Singh v. Hoshiyar Singh and other connected cases) did not agree to issue notice, for the proceedings had been initiated after one year of the date on which the orders had been passed by the High Court and had not been complied with. The Gujarat High Court in the case, Dinesh Bhai A. Parikh v. Kripalu Co-operative Housing Society (AIR 1980 Guj 194) had taken the same position. It was held therein that under S. 20 of the Contempt of Courts Act, 1971 the period of limitation (one year) begins to run from the date the order alleged to have been defied had been passed and the period cannot be extended in any manner whatsoever. The a ....

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