SUBHAWATI DEVI Vs. R K SINGH

JUDGEMENT

(1.) This is a special appeal filed under Chapter VIII, Rule 5 of the Rules of the Court (hereinafter referred to as 'the Rules') read with Clause 10 of the Letters Patent against the order dated 11th September, 2003 passed by a learned Judge of this Court in its contempt jurisdiction.

(2.) A preliminary objection was raised by the learned counsel for the respondents that in view of S. 19(1) of the Contempt of Courts Act (hereinafter referred to as 'the Act'), which is a complete Code, no appeal could be held to be maintainable under Clause 10 of the Letters Patent read with Chapter VIII, Rule 5 of the Rules.

(3.) Before we take up this question for consideration, it would be fit and proper that we must decide whether a contempt appeal under Section 19(1) of the Act is maintainable in law. According to the learned counsel for the respondents, an appeal under Section 19(1) of the Act shall not lie against an order passed in a proceeding for contempt except against any order of punishment imposed upon a contemnor in terms of Section 12 of the Act or in other words it was contended by the learned counsel for the respondents that the expression contained in Section 19(1) of the Act, namely "from any order or decision of a High Court in the exercise of jurisdiction to punish for contempt of Court" would only relate to those orders in respect of which certain orders have been passed for violation of the orders of the Court and not otherwise.