Law: Contempt of Court Act, 1976

Section: 3, 4

Contempt of Court Act (LXIV of 1976) Ss 3 & 4-Contempt of Court-Contention that Chief Manager of Bank (respondent) having got a criminal case registered against petitioner and same having been cancelled by Ilaqa Magistrate within respondents' knowledge, respondents committed contempt of Court in moving High Court for cancellation of bail granted to petitioner----Held: Onus of proving respondents' knowledge about order of cancellation of case at time of filing application for cancel lation of bail-Lay upon petitioner-A registered letter, allegedly containing information regarding cancellation of case, though, delivered to official concerned yet no evidence filed to indicate sender and contents of letter-Petitioner himself not caring to appear in witness-box to aver said letter having been sent by him-Receipt and despatch clerk of Bank when appearing in witness-box also not asked by petitioner to trace out letter in question from record of Bank --- Not possible in circumstances to hold as to who sent registered letter or that it contained information with regard to cancellation of case-Manager of Bank at time of making applica tion for cancellation of bail requested to be recalled for further examination and such officer having been transferred to a distant place petitioner called upon to deposit an amount equivalent to, return air fare plus Rs. 100 for diet money etc. but petitioner declin ing to deposit such amount and conceding to have not been able to establish respondents knowledge regarding cancellation of case --Application for initiating contempt proceedings against respondents in circumstances dismissed.-[Burden of proof]. Date of hearing: 12th January, 1981.                                                                                                                     JUDGMENT This is a petition for initiating proceedings in contempt against Mr. M.…