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Law Of Contempt Of Court In India

Law of Contempt of Court in India PDF
Author: K. Balasankaran Nair
Publisher: Atlantic Publishers & Dist
ISBN: 9788126903597
Size: 53.36 MB
Format: PDF, Kindle
Category : Contempt of court
Languages : en
Pages : 320
View: 6544

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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.

Restatement Of Indian Law

Restatement of Indian Law PDF
Author: K. K. Venugopal
Publisher:
ISBN: 9788184736045
Size: 60.28 MB
Format: PDF, ePub
Category : Contempt of court
Languages : en
Pages : 175
View: 6691

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Contempt Of Court And Freedom Of Speech

Contempt of Court and Freedom of Speech PDF
Author: Bibha Tripathi
Publisher: Readworthy
ISBN: 9350180375
Size: 68.87 MB
Format: PDF
Category : Law
Languages : en
Pages : 316
View: 4299

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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.

Offend Shock Or Disturb

Offend  Shock  or Disturb PDF
Author: Gautam Bhatia
Publisher: Oxford University Press
ISBN: 0199089523
Size: 57.71 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 365
View: 4010

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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.

Law Of Contempt Of Court

Law of Contempt of Court PDF
Author: J. D. Kapoor
Publisher:
ISBN: 9788175343863
Size: 25.47 MB
Format: PDF
Category : Contempt of court
Languages : en
Pages : 719
View: 3757

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Freedom Of The Press

Freedom of the Press PDF
Author:
Publisher: Socio Legal Information Cent
ISBN: 8189479598
Size: 15.80 MB
Format: PDF, ePub, Mobi
Category : Freedom of the press
Languages : en
Pages : 192
View: 313

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Borrie And Lowe

Borrie and Lowe PDF
Author: Ian Cram
Publisher: Butterworths Common Law Series
ISBN: 9781405736879
Size: 49.72 MB
Format: PDF
Category : Contempt of court
Languages : en
Pages : 778
View: 3545

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The leading authority in its field, Borrie and Lowe is a comprehensive statement of the law relating to criminal and civil contempt of court. Regularly cited in the Courts, this substantial and authoritative title is also highly regarded by members of the press. In its fourth edition, the work includes chapters incorporating: * Human Rights Act 1998 * Children and Young Persons Act 1933 * Youth Justice and Criminal Evidence Act 1999 * Civil Procedure Rules - alternative approaches to prejudicial publicity and how it impacts on different sets of proceedings, recent common law and statutory developments * Discussion on journalists' privilege of non-disclosure of sources * Discusses the growth of digital publications via the Internet and the problems it may cause for jurors - e.g. assuming the guilt of a defendant * Considers whether publication on Internet sites such as Facebook etc. fall into the 'strict liability' contempt under the Contempt of Court Act 1981 * Considers whether search engines such as Google and Yahoo are responsible for prejudicial material published on the Internet that may be liable for contempt

Whither Indian Judiciary

Whither Indian Judiciary PDF
Author: Justice Markandey Katju
Publisher: Bloomsbury Publishing
ISBN: 9386141256
Size: 67.71 MB
Format: PDF
Category : Law
Languages : en
Pages : 308
View: 3445

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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.

Justice Judocracy And Democracy In India

Justice  Judocracy and Democracy in India PDF
Author: Sudhanshu Ranjan
Publisher: Routledge
ISBN: 1317809777
Size: 46.17 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 378
View: 5796

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This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.

Judges And The Judicial Power

Judges and the Judicial Power PDF
Author: V. R. Krishna Iyer
Publisher:
ISBN:
Size: 14.60 MB
Format: PDF, ePub, Docs
Category : Festschriften
Languages : en
Pages : 340
View: 610

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The Law Of Contempt

The Law of Contempt PDF
Author:
Publisher:
ISBN: 9788180387869
Size: 35.47 MB
Format: PDF, ePub, Docs
Category : Contempt of court
Languages : en
Pages : 989
View: 217

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Contempt Of Court

Contempt of Court PDF
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405393
Size: 80.84 MB
Format: PDF, Docs
Category : Business & Economics
Languages : en
Pages : 134
View: 7420

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A number of high-profile cases involving contempt of court have recently highlighted the need for a review of this area of the law. These include: a juror who was found to have researched the defendant on the internet; the first internet contempt by publication, which concerned the posting of an incriminating photograph of a defendant on a website; contempt proceedings for the vilification of Chris Jefferies during the investigation into the murder of Joanna Yeates; and proceedings for contempt by publication following the collapse of the prosecution of Levi Bellfield. Contempt of court covers a wide variety of conduct which undermines or has the potential to undermine the course of justice, and the procedures which are designed to deal with them. This consultation paper focuses on four specific areas of contempt: 1. contempt by publication; 2. the new media; 3. contempts committed by jurors; and 4. contempt in the face of the court. The new media pose a number of challenges to the existing laws on contempt of court, which pre-date the internet age. In addition, there are concerns that some aspects of the law or procedure relating to contempt of court may be unclear or incompatible with the European Convention on Human Rights. The consultation considers whether the law and procedure for dealing with the contempts outlined above are adequate. It proposes a number of reforms, which are intended to make the law fair, understandable, practicable and "future-proof".