MURRAY AND COMPANY Vs. ASHOK KR NEWATIA

JUDGEMENT

(1.) Though judicial hypersensitiveness is not warranted but angelic silence on the part of a Judge is also not expected vis-a-vis an infraction of majesty of law. The Contempt of Courts Act of 1971 has been engrafted in the Statute Book for the purpose of bringing in a feeling of confidence of the people in general for due and proper administration of justice in the country. It is undoubtedly a powerful weapon in the hands of the Courts and as such, it must be exercised with due care and caution and in cases of larger interest for due administration of justice.

(2.) In this matter, this Court by its Order dated 7th September, 1998, issued notice to the respondents for wrong assertion of facts pertaining to the sale of immovable property, in an affidavit filed before this Court.

(3.) Incidentally, the affidavit spoken of earlier, was filed by the Respondent No. 1 in an interlocutory application (IA No. 1/94) in a Transfer Petition being Civil No. 745/93 by way of an objection on behalf of the respondents herein against an application for clarification moved by the petitioners herein. The factual backdrop though not strictly relevant but is being noticed herein below for the purposes of assessment of the situation in its proper perspective.