Legal Question in Criminal Law in India
respected sir,
i like to know without issuing criminal contempt notice suo motion notice to the contemter can the session judge have power to refer the high court for the punishment under the court of contempt act
Asked on 8/24/09, 1:13 pm
3 Answers from Attorneys
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Yes, for making a reference to the High Court, sessions Judge is not required to issue any show cause notice to the contemner. However, the high court may issue a show cause notice to the contemner before passing any adverse order.
Answered on 8/24/09, 10:33 pm
Shrichand Nahar
S.V.Nahar, Advocate
Generally, before making a reference, concerned court has to conduct an inquiry.
If an inquiry is conducted, principles of natural justice will require hearing the Contemner too.
Answered on 8/25/09, 1:27 am
Related Questions & Answers
-
Sir i involved criminal case , case regestered 4th 7 th 2009, section... Asked 8/24/09, 9:10 am in India Criminal Law
-
Hello sir, last one year my brother was in love with one girl, starting period, she... Asked 8/24/09, 8:31 am in India Criminal Law
-
In a PC & PNDT case at Faridabad Haryana, court of CJM acquitted a doctor for... Asked 8/24/09, 6:24 am in India Criminal Law
-
Whether a prosecution under section 12 of passports act is maintainable, even after... Asked 8/23/09, 9:10 pm in India Criminal Law
-
A couple is residing in UK whether their power of attorney can file criminal... Asked 8/22/09, 1:15 pm in India Criminal Law