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• (b) which has been heard and finally decided shall not be
deemed to be pending merely by reason of the fact that
proceedings for the execution of the decree, order or
sentence passed therein are pending.
Ruling on Sec. 3
• AIR 2003 SUPREME COURT 1828 "K. Shamrao v. Assistant Charity
Commissioner“
• Bansi Dhar and another, Appellants v. Registrar, High Court of Punjab and
Haryana and another, Respondents.
• A person shall not be guilty of contempt of court for publishing any fair
comment on the merits of any case which has been heard and finally decided
• Important Rulings on this section
• Andro Paul Toronoo Ambard v. The Attorney General of Trinidad and Tobago
AIR 1936 PC 141.
• Aswini Kumar Ghosh v. Arabinda Bose AIR 1953 SC 75 : Rama Dayal Markarha
v. State of Madhya Pradesh AIR 1978 SC 921 : (1978) 3 SCR 497 : (1978 Cri LJ
917) ; Re : V. Ajay Kumar Pandey, Advocate (1998) 6 JT (SC) 571 : (1998 AIR
SCW 3229 : AIR 1998 SC 3299 : 1998 CRI LJ 4606 : 1998 ALL LJ 2531) ; Rustom
Cawasjee Cooper v. Union of India, AIR 1970 SC 1318; Perspective
Publications (O) Ltd. v. The State of Maharashtra, AIR 1971 SC 221 : (1971 Cri
LJ 268) ; Re : Sanjiv Datta (1995) 3 SCC 619 : (1995 AIR SCW 2203 : 1995 Cri LJ
2910).
6 Complaint against presiding officers of subordinate courts when not contempt
• Illustrative cases
• A Punishment awarded for :-
• Scandalizing the court
• Disobedience by Public servant
• Willful disobediences
• Breach of under taking
13 Contempts not punishable in certain cases
• (2) In the case of any criminal contempt of a subordinate court, the High
Court may take action on a reference made to it by the subordinate
court or on a motion made by the Advocate-General or, in relation to a
Union territory, by such Law Officer as the Central Government may, by
notification in the Official Gazette, specify in this behalf.
15 Cognizance of criminal contempt in other cases
• (3) Every motion or reference made under this section shall
specify the contempt of which the person charged is alleged
to be guilty.
• (2) Pending any appeal, the appellate Court may order that
• (a) the execution of the punishment or order appealed against be
suspended;
• (b) if the appellant is in confinement, he be released on bail; and
• (c) the appeal be heard notwithstanding that the appellant has not
purged his contempt.
19 Appeals