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Yogesh V Nayyar law of contempt of court

From Whitesmann Publishing Co.
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Author :Yogesh V Nayyar

Publisher :Whitesmann Publishing Co.

SKU :WMP162

Edition :2025

Format :paperback

HSN No :49011010

Country Region :India

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Description

The Law of Contempt of Court is a crucial branch of administrative and criminal law aimed at safeguarding the authority, dignity, and proper functioning of the judiciary. It ensures the unobstructed administration of justice and maintains public confidence in the legal system.

Contempt law empowers courts to act against disobedience, defiance, or actions undermining the court’s authority or interfering with judicial proceedings. Its primary objective is to uphold the majesty of law and protect the judicial process from any kind of prejudice, obstruction, or scandal.


⚖️ Types of Contempt of Court

  1. Civil Contempt

    • Definition: Wilful disobedience of any judgment, decree, direction, order, writ, or other process of a court or wilful breach of an undertaking given to a court.
    • Purpose: Ensures compliance with court orders and judicial decisions.
  2. Criminal Contempt

    • Definition:
      • Acts that scandalize or lower the authority of the court.
      • Acts that prejudice or interfere with judicial proceedings.
      • Obstruction in the administration of justice in any other manner.
    • Purpose: Preserves the dignity of the judiciary and ensures fair trial processes.

???? Key Features of the Law

  • Protection of the Judicial Process: Safeguards courts from actions that can obstruct justice.
  • Balancing Freedom of Speech and Fair Trial: Strikes a balance between freedom of expression and the right to a fair trial.
  • Punishments: May include fines, imprisonment, or both.
  • Jurisdiction: High Courts and the Supreme Court have inherent powers to punish for contempt.

???? The Contempt of Courts Act, 1971 (India)

  • Codifies the law relating to contempt in India.
  • Provides clear definitions, procedures, and punishments.
  • Includes defenses such as truth (if in public interest) and fair criticism.
  • Imposes limitation periods for initiating contempt proceedings.
  • Empowers courts to enforce their decisions effectively.

???? Why Is It Important?

  • Maintains public confidence in the judicial system.
  • Preserves judicial independence and authority.
  • Ensures obedience to court orders and proper conduct in the courtroom.
  • Penalizes disruptive behavior, media trials, and scandalous publications prejudicing court proceedings.

???? For Whom?

  • Lawyers, Judges, and Judicial Officers
  • Students of Law
  • Media Professionals (to avoid media contempt)
  • Government Officials & Law Enforcement
  • General Public (to understand rights and limitations regarding court processes)

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Content

Part I: Introduction to Contempt of Court

  1. Meaning and Concept of Contempt
  2. History and Evolution of Contempt Law
  3. Object and Purpose of Contempt Law
  4. Constitutional Basis for Contempt Powers
  5. Contempt and Freedom of Speech: A Delicate Balance

Part II: Types and Classifications of Contempt

  1. Civil Contempt
    • Disobedience to Court Orders
    • Wilful Breach of Undertaking
  2. Criminal Contempt
    • Scandalizing the Authority of Courts
    • Prejudicing or Interfering with Judicial Proceedings
    • Obstruction in the Administration of Justice
  3. Contempt in the Face of the Court (Direct Contempt)
  4. Constructive and Technical Contempt

Part III: Law of Contempt in India

  1. The Contempt of Courts Act, 1971: An Overview
  2. Important Definitions (Section 2)
  3. Powers of Courts to Punish for Contempt
  4. Jurisdiction of the Supreme Court and High Courts
  5. Limitation Period for Initiating Contempt Proceedings (Section 20)

Part IV: Defenses and Exceptions in Contempt Law

  1. Fair and Reasonable Criticism of Judicial Acts
  2. Truth as a Defense (Amendment to Section 13)
  3. Innocent Publication and Distribution
  4. Apology as a Defense
  5. Defenses in Civil Contempt

Part V: Procedural Aspects

  1. Procedure for Taking Cognizance of Contempt
  2. Trial and Hearing of Contempt Cases
  3. Appeal and Review in Contempt Cases
  4. Punishments for Contempt
  5. Remedies and Rights of the Contemnor

Part VI: Media and Contempt of Court

  1. Freedom of Press vs. Judicial Process
  2. Media Trials and Prejudice
  3. Reporting Court Proceedings and Sub Judice Rule
  4. Case Laws on Media Contempt

Part VII: Contempt by Advocates and Public Servants

  1. Misconduct by Advocates and Contempt
  2. Government Officials and Contempt
  3. Contempt by Corporations and Associations

Part VIII: Comparative Study

  1. Contempt Law in the United Kingdom
  2. Contempt Law in the United States
  3. Other Common Law Countries
  4. International Perspectives and Developments

Part IX: Leading Case Laws

  1. Landmark Judgments on Civil Contempt
  2. Landmark Judgments on Criminal Contempt
  3. Recent Cases and Their Impact
  4. Contempt Cases Involving Media and Celebrities

Part X: Appendices

  1. The Contempt of Courts Act, 1971 (Full Text)
  2. Constitutional Provisions on Contempt (Articles 129 and 215)
  3. Relevant Notifications and Circulars
  4. Forms and Drafts (Notices, Apologies, etc.)

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Yogesh V Nayyar law of contempt of court

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