ANUJA PRABHUDESSAI Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal arises from Order dated 17th July, 2006 passed in Criminal Writ Petition No. 1 of 2006 whereby while discharging the contempt notice certain observations have been made.

(2.) The impugned order is sought to be challenged firstly on the ground that the learned single Judge had no jurisdiction to deal with the matters regarding civil contempt at the relevant time considering the assignment of the judicial work by the Hon'ble the Chief Justice. It is contended on behalf of the appellant that at the relevant time, the assignment regarding civil Contempts was not with the learned Single Judge.

(3.) Undoubtedly, the impugned order nowhere discloses that the point of lack of jurisdiction was ever raised before the learned single Judge. Secondly it is not in dispute that after disposal of the petition by the learned Single Judge, the appellant, at any point of time, had filed any affidavit before the learned Single Judge bringing to his notice that the point of lack of jurisdiction was raised and yet the same was not considered by the learned Single Judge while disposing of the matter. In these circumstances, it is not open to the appellant to raise the point of lack of jurisdiction for the first time in this appeal. On this count itself, the point of lack of jurisdiction need not be addressed to.