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

No

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Answered on 8/24/09, 1:32 pm
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.

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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.

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Answered on 8/25/09, 1:27 am


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