Public Servants.
Querist :
Anonymous
(Querist) 29 May 2011
This query is : Resolved
Public Servants (Inquiries) Act 1850 is still applicable. My friend he is a lawyer in gujarat told that this ( Public Servants (Inquiries) Act 1850) override some act but which acts he doesn't known as he also has heard for someone else can i get the info that where it is repealed or still in force. & which act are overriden by this act.
Only the Judge whose order gets violated can hear the contempt petition. No other judge can hear such case. In Calcutta High Court this is very much a Rule. Of course here I mean judge to be a High Court Judge. So what about the other state tell me special of state of maharashtra. becasue it is wrong going in calcutta as contempt petition can be heard only by the judge whose order gets violated. Brief me in this issue. any case which say the above or it gives a contrary view.
G.Sundara Rajan
(Expert) 30 May 2011
There is no rule that contempt case can be heard only by those who passes the order. Because technically the order is passed by the court presided by a certain judge and not by the judge in his personal capacity.
However, as a matter of conveneince, it does happen that the same judge gets listed with the case--as he is more likely to remember the facts of the case. But usually the case goes to those who have been allotted that particular branch of cases in roster.
