- Author(s): Ranadhir Kumar De
- Publisher: Eastern Law House
- Edition: Ed 2012
- ISBN 13 9788171772247
- Approx. Pages 673 + contens
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Description
• Advocate General - role of
• Criminal contempt of interference - forms of
• Civil and Criminal contempt - difference between
• Trial by media - interference when?
• Scandalizing the court - What amounts to?
• Freedom of speech - limitation of
The idea of contempt of court has its origin in ecclesiastical jurisprudence. The legal philosophy behind obedience to the justice and respect towards the justice delivery system are essential for an orderly society where the Judiciary is recognized as the ultimate authority for upholding the norms of the rule of law. Criticism against them needs be honest and fair.
Critical areas of contempt : The legal experts acknowledge genuine difficulties in handling the intricacies of the law on contempt. The primary objective of the book has therefore, been to enunciate the law to the readers in a transparent manner. The fact that the lawyers do have the Constitutional freedom of speech, the limits thereto should also be borne in mind. The book makes a fascinating reading of reported cases down to the present day and offers a glimpse into the Court's responsibility to uphold its majesty.
An exhaustive approach : Divided in nine chapters, the book covers all the facets of the law of contempt making a lucid reading supported by a large number of case-laws which go to indicate how the courts battle to uphold the rule of law and to protect public confidence in the judicial administration of the country against all odds. The coverage of the book is exhaustive. It differentiates the cases giving rise to criminal offences in the court rooms leading to penal action as against contempt of court as such. The contempt may be direct or indirect but calculated to undermine the authority of the court. Very often the dispute is settled by offering an apology as justice had to be tempered with mercy. The professionals of law have to be equipped with all such niceties from the very beginning. This book is helpful as a guide to the Bench and Bar alike
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Contents
1. Introduction-Legal Concept of Court
2. Willful Disobedience and Valuation of undertakings
3. Criminal Contempt Direct and Indirect Contempt
4. Criminal Contempt Its Forms and Faces
5. Circumspection and Cognizance
6. Contempt of Court General Defence
7. Sanction Penalties and Prejudices
8. Appeals and Forums
9. Pleadings and /procedure
Appendices
1. Contempt of Courts Act, 1926
2. The Contempt of Courts (Amendment) Act, 1937
3. The Contempt of Courts Act, 1952
4. Sanyal Committee Report
The Contempt of Courts Bill, 1963
5. The Contempt of Courts Act, 1971
6. The English Laws of Contempt of Courts act, 1981
7. Rules to Regulate Proceedings for Contempt of the Supreme court, 1975
8. Contempt of Courts (Allahabad High Court) Rules, 1977
9. Calcutta High Court Contempt of Courts Rules, 1975
10.Karnataka High Court Rules
11.The Contempt of Courts (CAT) Rules, 1992
Index
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