BOGUNKEDAR HIGH SCHOOL Vs. SAMARENDRA BANDOPADHYAY & ORS.

JUDGEMENT

(1.) The contempt rule was issued for the violation of the orders dated 14.10.1990 and 22.06.1992, passed by this Court. On behalf of the Opposite Party/contemner, the preliminary point has been taken that the contempt application has become barred by limitation. A Question arises in this case whether the period of limitation prescribed under Sec. 20 of the Contempt of Courts Act, will apply in a contempt proceeding initiated by the High Court not only for the purpose of violation of the order passed by the High Court under Article 226 of the Constitution of India but also in exercise of the power conferred the High Court under Article 215 of the Constitution of India.

(2.) Article 215 of the Constitution of India provides that Every High Court shall be a Court of Record and shall have the powers of such a court including the power to punish for contempt of itself.

(3.) Sec. 20 of the Contempt of Courts Act provides that No court shall initiate any proceeding for contempt, either on its own motion or otherwise, after expiry for a period of one year from the date of which contempt is alleged to have been committed'.