AIR 1972 SUPREME COURT 2466 ::1973 MadLJ(Cri) 226 ::1973 SCC(Cri) 360 ::1973 (1) SCC 446 ::39 CutLT 461 ::39 CutLT 53 ::1973 Mah LJ 220 ::1973 MPLJ 215 da ::1973 2 SCR 495 ::1973 (1) SCJ 536 ::1973 SCD 356 ::1973 SCD 1

Supreme Court Of India

(From : ILR (1971) Cut 986)

Hon'ble Judge(s): J. M. Shelat, S. N. Dwivedi, Y. V. Chandrachud , JJJ

(A) Contempt of Courts Act (32 of 1952) , S.3— In contempt of court proceedings the absence of a precedent should not preclude an act being held to be contempt merely because it is novel or unusual provided it is comprehended by the principles underlying the law of contempt of Court. Brief Note - (A) The absence of precedent should however put the court on guard that the area of contempt is not being unduly expanded. The case is to be decided on principles and analogy.(Para 10) (B) Contempt of Courts Act (32 of 1952) , S.1— A Subordinate Court or Tribunal refusing to follow a High Court decision where a petition for leave to appeal to Supreme Court against that High Court decision was pending, held amounts to deliberate disobedience and wilful disregard of the High Court and is contempt of Court. Brief Note - (B) Where a senior judicial Officer with an experience of 23 years, when serving as a Commissioner of Hindu Religious Endowments, Orissa, refused to be bound by a decided case of Orissa High Court on ground that he had moved the Supreme court against that High Court decision and as such the matter was sub judice, while, in fact, only a petition was pending in High Court for certificate to appeal to Supreme court, the judicial Officer was....