Contempt of court act

This query is : Resolved 

27 February 2012

We have filed a contempt application U/s 12 Contempt Act in Munsif Court. Other party objecting it on the ground of jurisdiction of Hon'ble High Court. Please guide that if it can be tried by Munsif Court Or Not. If not what steps we should take in that situation?

Raj Kumar MakkadOnline (Expert)
27 February 2012

The common English phrase “he who asserts must prove” has its due application in the matter of proof of the allegations said to be constituting the act of contempt. As regards the standard of proof, be it noted that a proceeding under the extraordinary jurisdiction of the court in terms of the provisions of the Contempt of Courts Act is quasi judicial, and as such, the standard of proof required is that of a criminal proceeding and the breach shall have to be established beyond reasonable doubt; Mrityunjoy Das v. Sayed Hasibur Rahaman, AIR 2001 SC 1293.

Thus the objection of the contemnor is illegal.

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