AIR 1950 ALLAHABAD 556

Allahabad High Court

Hon'ble Judge(s): Mohd. Waliullah, O. H. Mootham, K. N. Wanchoo , JJJ

(A) Contempt of Courts Act (12 of 1926) , S.2— Contempt of subordinate Court - Power of High Court to punish whether exists under Constitution of India, Art.215. Article 215 of the Constitution of India gives power to a High Court as a Court of record to punish for contempt of itself : it makes no provision for punishment by a High Court of contempt's of Courts subordinate to it. But this does not mean that after 26th January 1950, it no longer has that power. The reason is that even prior to 26th January 1950 the power of the High Court to punish for contempt of Counts subordinate to it was not to be found in the Government of India Act, 1935, but in the Contempt of Courts Act and that Act has been preserved by the Constitution of India.(Para 6) Annotation : ('46-Man.) Contempt of Courts Act, S. 2, N. 1. (B) Contempt of Courts Act (12 of 1926) , S.2— Magistrates of first class and Revenue Officers are subordinate to High Court - Chapter VI of Part VI of Constitution of India whether deals with judicial subordination. Judicial Magistrates of the first class whose judgments come before Sessions Judges and the High Court in appeal and revision and Revenue officers, many of whose judgments come before the District Judges and the H....