Case Court Bar Association V. Union Of India Essay

2695 Words Oct 28th, 2014 11 Pages
In this case court cancels the license of advocate from practising legal profession in exercising the contempt jurisdiction by the Supreme Court or High Court. Though this case was repealed in Supreme Court Bar Association V. Union of India, AIR 199 SC 1895.
The facts are as Bansal Forgings Ltd took loan from the UP Financial Corporation and it made default in payment of instalment of the same. The Corporation proceeded against the Company under Sec 29 of the UP Financial Corporation Act. The Company filed a civil suit against the corporation and it had also filed an application for grant of temporary injunction. Counsel for the corporation suo motu put appearance in the matter before trial court and prayed for time for filing of reply. The learned trial Court passed an order on the said date and this order was as follows:
“The corporation will not seize the factory of the Company. The Company shall pay the amount of instalments and will furnish also security for disputed amount.”
The Trial Court directed to furnish security on 31/01/94 and the case was fixed on 15/03/94. Against the said order of the trial Court the appeal was filed in the High Court and the argument was advanced that the Court had no jurisdiction to pass the order for payment of instalment of loan and no security could have ordered. During the argument the event leading to contempt happened.
Justice S.K. Keshote against whom the contempt was committed wrote a letter to the Acting Chief Justice of…
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