Jowitts Dictionary English Law

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Access-restricted-item true Addeddate 2021-11-10 23:32:30 Associated-names Greenberg, Daniel, editor; Jowitt, William Allen Jowitt, Earl, 1885-1957. Dictionary of English law Boxid IA40786317 Camera Sony Alpha-A6300 (Control) Collection_set printdisabled External-identifier

Key concepts in the law of the United Kingdom keep changing and developing their meanings, and practitioners need to be sure that they are using and interpreting expressions in accordance with the latest jurisprudence. Jowitt's Dictionary of English Law remains the authoritative starting point, and is regularly cited to and by the courts for this purpose. See, for example, reference to Jowitt for the meaning of "set off" in Rank Group PLC v HMRC [2019 ] UKUT 0100 (TCC) or for the developing meaning of "person aggrieved" in Watkins v Aged Merchant Seamen's Homes [2018 ] EWHC 2410 (Admin). The Bombay High Court in Mohandas Karam Chand Gandhi’s, [1920] 22 Bombay Law Reporter 368 case held that the High Court possessed the same powers to punish the contempt of subordinate courts as the Court of the King’s Bench Division had by virtue of the Common Law of England. Lccn 2010497308 Ocr tesseract 5.0.0-1-g862e Ocr_detected_lang en Ocr_detected_lang_conf 1.0000 Ocr_detected_script Latin Ocr_detected_script_conf 1.0000 Ocr_module_version 0.0.14 Ocr_parameters -l eng Old_pallet IA-WL-2000073 Openlibrary_edition

Jowitt's dictionary of English law

Article 215 contains similar provision in respect of High Court. Both the Supreme Court as well as High Courts are courts of record having powers to punish for contempt including the power to punish for contempt of itself. The Constitution does not define “Court of Record”. This expression is well recognised in juridical world. Meaning of the word ‘Court of Record’ Undelivered judgment of Wilmot, J. has been subject of great controversy in England’ and Sir John Fox has severely criticised Almon’s case, in his celebrated book “The History of Contempt of Court’, The Form of Trial and Mode of Punishment: In spite of serious criticism of the judgment of Wilmot, J. the opinion ex- pressed by him has all along been followed by the English and Commonwealth Courts. First published in 1959, Jowitt’s Dictionary of English Law is the authority to be cited and relied upon in court when establishing the definition of each expression which forms part of the fabric of English law.

But, the Calcutta High Court took a contrary view in Legal Remembrancer v. Motilal Ghosh, ILR 41 Cal. 173 holding that there was no such inherent power with the High Court. The Contempt of Courts Act 1971 was enacted to define and limit the powers of courts in punishing contempts of courts and to regulate their procedure in relation thereto . Section 2 of the Act defines contempt of court including criminal contempt. Sections 5, 6, 7, 8, and 9 specify matters which do not amount to contempt and the defence which may be taken. Section 10 which relates to the power of High Court to punish for contempt of subordinate courts. Provides a concise, but comprehensive and authoritative, definition of each expression which forms part of the fabric of English law Means the publication whether by words, spoken or written, or by signs, or by visible representations, or otherwise of any matter or the doing of any other act whatsoever which scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or prejudices, or interferes or tends or to interfere with, the due course of any judicial proceeding; The only exception to this power, was made in subsection (3) of Section 2 which provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code. Section 3 of the Act restricted the punishment which could be passed by the High Court. Since doubt was raised whether the High Court as a court of record could punish contempt of itself and of courts subordinate to it if contempt was committed outside its territorial jurisdiction, the Parliament enacted the Contempt of Courts Act 1952 removing the doubt. Contempt of Courts Act 1952

Jowitt's Dictionary of English law

The question whether in the absence of any express provision a Court of Record has inherent power in respect of contempt of subordinate or inferior courts, has been considered by English and Indian Courts.

In R.L. Kapur v. State of Tamil Nadu, AIR 1972 SC 858 the Court again emphasised that in view of Article 215 of the Constitution, the High Court as a court of record possesses inherent power and jurisdiction, which is a special one, not arising or derived from Contempt of Courts Act and the provisions of Section 3 of 1926 Act, do not affect that power or confer a new power or jurisdiction. The Court further held that in view of Article 215 of the Constitution, no law made by a Legislature could take away the Jurisdiction conferred on the High Court nor it could confer it afresh by virtue of its own authority. Madras High Court in the case of Venkat Rao, 21 Madras Law Journal 832 held that it being a court of record had the power to deal with the contempt of subordinate courts. or interferes, or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.” All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook

Daniel Greenburg, the General Editor, is a Parliamentary draftsman at the Office of the Parliamentary Counsel and is also the editor of Stroud’s Judicial Dictionary. He has been assisted by the contributions of some seventy specialist editors in the compiling of the third edition of Jowitt’s.