Law of Contempt of Court in India

Law of Contempt of Court in India
Author: K. Balasankaran Nair
Publisher: Atlantic Publishers & Dist
Total Pages: 348
Release: 2004
Genre: Contempt of court
ISBN: 9788126903597

Contempt Of Court, Because Of Its Controversial Nature, Has Created Contradictory Opinions Among The Jurists As Well As Scholars. The Contempt Jurisprudence With The Common Law Origin Has Been Transmitted Into The Indian Jurisprudence By The Courts Of Record Through Several Charters. Our Constitution Has Acknowledged And Accepted This Jurisdiction By Conferring The Status Of Court Of Record To The Supreme Court And High Courts. A Country Embedded In The Concept Of Rule Of Law Should Give Due Respect To The Law And The Organ Which Applies The Law And Administers Justice. This Organ Which Possesses Neither The Muscle Power Nor The Money Power Has To Extract Due Obedience To Its Orders Only Through This Jurisdiction. But Difficulty Arises When This Jurisdiction Clashes With The Invaluable Rights Of Citizens As Well As Those Of The Press, As Enshrined In The Constitution. It Becomes All The More Difficult When It Interferes With The Functioning Of Administrative Authorities, Corporations And The Like. It Poses Different Questions. What Constitutes A Contempt Of Court? When And How This Jurisdiction Has To Be Exercised? In What Way Is The Judiciary, One Of The Organs Of The State, Justified In Controlling Other Organs Of The State And Also Rights Of Citizens In The Name Of Contempt Jurisdiction?No Indepth Study Has Been Undertaken So Far To Ascertain The Answer To The Above Questions. The Author Has Made Sincere And Humble Attempt To Cull Out Answers To The Above Questions In The Light Of Judicial Interpretations.The Concept Of Criminal Contempt, Which Includes Prejudicing Fair Trial Or Interfering With The Administration Of Justice Or Scandalising The Court, Is Analysed In Relation To The Rights Of Individuals And Those Of The Press. The Concept Of Civil Contempt, Which Includes Disobedience To The Orders Of The Court Or Breach Of An Undertaking, Is Analysed In Relation To The Administrative Authorities And Corporations, Individuals And Subordinate Judiciary.The Existing Political And Social Scenario Requires A Comprehensive Understanding Of This Branch Of Law To Eliminate Its Possible Misinterpretation. It Is Hoped That The Observations And Suggestions Made By The Author Will Be Of Immense Help And Of Use For Students, Lawyers, Law Teachers And Administrators.

Contempt of Court and Freedom of Speech

Contempt of Court and Freedom of Speech
Author: Bibha Tripathi
Publisher: Readworthy
Total Pages: 159
Release:
Genre: Law
ISBN: 9350180375

Freedom of speech and a free and fair justice delivery system are two most important components of democracy, and striking a balance between them is a must for its smooth running. The law of contempt of court in India has assumed immense social and political significance due to growing judicial tendency to gag and often to subjugate the democratic aspirations and dissent. This book presents a critical assessment of the freedom of speech as enshrined in the Indian Constitution and encroachment on it by the proactive approach of judiciary through the instrument of the law of contempt of the court. Tracing the history of the contempt of court, it discusses at length the various aspects of democracy and freedom of speech, the status of contempt of court in various countries, the law of contempt and constitutional guarantees, and judicial accountability. It also tries to explore gender biases in the delivery of justice in the cases related to the contempt of court.

The History of Contempt of Court

The History of Contempt of Court
Author: Sir John Charles Fox
Publisher: Hassell Street Press
Total Pages: 284
Release: 2021-09-09
Genre:
ISBN: 9781014107312

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Offend, Shock, or Disturb

Offend, Shock, or Disturb
Author: Gautam Bhatia
Publisher: Oxford University Press
Total Pages: 452
Release: 2016-01-14
Genre: Law
ISBN: 0199089523

Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.

Whither Indian Judiciary

Whither Indian Judiciary
Author: Justice Markandey Katju
Publisher: Bloomsbury Publishing
Total Pages: 286
Release: 2018-04-30
Genre: Law
ISBN: 9386141256

The book presents, for the first time, a comprehensive and analytical inside view of the Indian judiciary. Justice Katju traces the evolution of law and proceeds to analyse, with incisive insight, matters of critical importance like the appointment of judges, contempt of court, delays in justice and the challenges facing the Indian judiciary. The author draws upon his extensive tenure as a justice of the High Court and Supreme Court to draw examples and relate fascinating personal experiences. He addresses issues like judicial corruption and propagates novel proposals like lawyers to be brought under the Consumer Protection Act. Some memorable judgements which helped in shaping the Indian judiciary have been made by Justice Katju. The book covers these judgements in detail and also includes anecdotes, which bring out the captivating and complex world of the judiciary. A must read book for not just those in the legal field, but all those wanting a never before insight into the Indian judiciary.

A Qualified Hope

A Qualified Hope
Author: Gerald N. Rosenberg
Publisher: Cambridge University Press
Total Pages: 377
Release: 2019-08-29
Genre: Law
ISBN: 1108474500

Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.

Taking the State to Court

Taking the State to Court
Author: Hans Dembowski
Publisher:
Total Pages: 272
Release: 2001
Genre: Law
ISBN:

These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.