LAWS(MAD)-2014-11-296

M. NARAYANASAMY Vs. SABITHA

Decided On November 21, 2014
M. NARAYANASAMY Appellant
V/S
SABITHA Respondents

JUDGEMENT

(1.) THIS petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for willful disobedience of the order dated 8.2.2013 passed in W.P.No. 1552 of 2013.

(2.) IN the case on hand, the order of this Court alleged to have been disobeyed by the respondent is dated 8.2.2013. Section 20 of the Contempt of Courts Act, 1971 stipulates the limitation for initiation of proceedings for contempt and the said provision reads as under:

(3.) ARTICLE 215 of the Constitution of India states that "Every High Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself". This Court, being a court of record, is empowered to initiate contempt proceeding and punish the contemnor under Article 215 of the Constitution of India. That apart, no limitation is prescribed for initiation of action under Article 215 of the Constitution of India. However, when there is a specific law enacted by the legislature, namely, the Contempts of Court Act, 1971, which contemplates a period of limitation under Section 20 of the Act, the said provisions should be read harmoniously and proceedings under the Contempt of Courts Act, 1971 should be initiated within a period of one year of alleged contempt, as envisaged in Section 20 of the Act.