Which article deals with contempt of court?

Which article deals with contempt of court?

The Supreme Court holds constitutional powers under article 129 read with Article 142 (2) of the Constitution of India and subsequently, the High Courts also have powers vested in them under article 215 of the Constitution to punish for contempt.

Is sub judice a complaint?

In law, sub judice, Latin for “under a judge”, means that a particular case or matter is under trial or being considered by a judge or court. Sub judice is now irrelevant to journalists because of the introduction of the Contempt of Court Act 1981.

What is substantial risk of prejudice?

This contempt is committed when a publication occurs when a case is “active” and that publication creates a substantial risk of serious prejudice or impediment to that case. Under this law, it is a contempt to publish information with the deliberate aim of impeding or prejudicing a case even if the case is not active.

When does a matter become sub judice?

On the other hand, Sub Judice means ‘under judgment’. It implies that a matter is being considered by court or judge. In a scenario when two or more cases are filed between the same parties on the same subject matter, the competent court has the power to stay proceedings.

Is complaint under arbitration meaning?

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

What is common law contempt?

Common law contempt consists of any other action which is intended to interfere with the administration of justice, for example a sustained campaign by the media to influence legal proceedings. Proceedings need not be active.

What is stay of suit in CPC?

Section 10 of CPC provides for stay of suit. The primary rule under stay of suit or rule of res sub-judice prevents Courts of concurrent jurisdiction from simultaneously adjudicating upon parallel litigation filed for the same cause of action, for the same matter and for the same relief[4].

What is a legal stay?

A ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding. Some stays are automatic, but others are up to judicial discretion. Usually, the pendency of an appeal usually stays proceedings in the court below.

What is difference between RES sub judice and res judicata?

Res subjudice relates to matter pending judicial enquiry or trial sub judice. Res-judicata relates to a matter already adjudicated or matter in which decision is already there. Res subjudice bars to the trial of a suit.

What is principle of res judicata?

The principle of res judicata seeks to promote the fair administration of justice and honesty and to prevent the law from abuse. The principle of res judicata applies when a litigant attempts to file a subsequent lawsuit on the same matter, after having received a judgment in a previous case involving the same parties.

Does res judicata apply to settlements?

In its res judicata analysis, the Fourth Circuit found that: The res judicata inquiry is modified in cases where the earlier action was dismissed pursuant to a settlement agreement. Preclusive effect is given only to the matters specified in a settlement agreement, but not the original complaint.

Why is res judicata important?

Rationale. Res judicata is intended to strike a balance between competing interests. Its primary purpose is to assure an efficient judicial system. A related purpose is to create “repose” and finality.

On which writ res judicata does not apply?

Habeas corpus

What are the suits of civil nature?

The expression ‘suit of civil nature’ will cover the private rights and obligations of the citizens. The political and religious question is not covered by a suit of a civil nature. A suit in which principal question is related to caste or religion is not of a suit of a civil nature.

What is attachment before Judgement?

Attachment before judgment is levied where the court on an application of the plaintiff is satisfied that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him (a) is about to dispose of the whole or any part of his property.

What is ex parte decree?

An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.

Is ex parte application a civil case?

The Court reiterated the position that an ex parte (to seek an order in the absence of notice to the respondent party) is a serious departure from the ordinary principles applicable to civil proceedings.

What are the remedies against ex parte decree?

in which the a decree is passed ex parte against the defendant, he may apply to the court by which the decree was passed for an order to set it aside and if he satisfies that summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing ,the court …