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Punishment for contempt under section 12 of the Contempt of...
Contempt for company bank account restraint breaches requires deliberate disobedience, while contempt appeals are limited to orders imposing punishment.
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Punishment for contempt under section 12 of the Contempt of Courts Act, 1971 requires deliberate disobedience to be established beyond doubt. Evidence of an alleged breach of a restraint on operating company bank accounts may include cheque issuance and bank statements showing encashment or withdrawals. Section 425 of the Companies Act attracts the Contempt of Courts Act, including its appellate remedy under section 19. That remedy is confined to orders punishing for contempt and does not extend to dismissal or discontinuance of contempt proceedings. A contempt applicant acts as an informer; continuation of proceedings rests with the adjudicating forum.
Punishment for contempt under section 12 of the Contempt of Courts Act, 1971 requires deliberate disobedience to be established beyond doubt. Evidence of an alleged breach of a restraint on operating company bank accounts may include cheque issuance and bank statements showing encashment or withdrawals. Section 425 of the Companies Act attracts the Contempt of Courts Act, including its appellate remedy under section 19. That remedy is confined to orders punishing for contempt and does not extend to dismissal or discontinuance of contempt proceedings. A contempt applicant acts as an informer; continuation of proceedings rests with the adjudicating forum.
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