News Updates

Multiple Petitions For Similar Reliefs: Calcutta HC Issues Contempt Notice [Read Order]

Apoorva Mandhani
9 Feb 2017 3:07 PM GMT
Multiple Petitions For Similar Reliefs: Calcutta HC Issues Contempt Notice [Read Order]
Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

The Calcutta High Court on Friday issued rule of contempt against Petitioners, who continued to file multiple petitions for similar reliefs.

Noting that the Petitioners’ conduct amounted to an “abuse of process of Court”, Justice Joymalya Bagchi observed, “The aforesaid state of affairs compel me to observe that the petitioners appear to have intentionally abused the process of Court by repeatedly filing applications for selfsame relief and by way of suppression have even procured order of stay of trial in the criminal case which, in fact, was directed to be concluded within a time frame by this Court.”

The Petitioners had demanded transfer of criminal cases to any other competent Court, even though a similar relief had been rejected in earlier proceedings.

Refusing to permit withdrawal of the Petitions, and noting that the fact of previous dismissals of similar reliefs was suppressed while filing the subsequent Petitions, the Court issued a rule of contempt against them.

The Court further referred the matter to the Bar Council of West Bengal for initiating appropriate disciplinary proceeding against the lawyer, Mr. Kamal Kanti Kar “for repeatedly instituting frivolous and vexatious proceeding for and on behalf of his client for the selfsame relief when such relief had been turned down by this Court with costs in an earlier proceeding wherein he had represented the said litigants.”

“Such 5 conduct, on the part of the Counsel, is in utter disregard to the high ideals of the legal profession and prima facie tantamounts to professional misconduct punishable under Section 35 of the Advocates’ Act,” it further observed. The Bar Council of West Bengal was thereby directed to submit a compliance report before the Court within two weeks.

Read the order here.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.
Next Story