Jowitts Dictionary English Law

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In Attorney–General v. B.B.C., [1980] 3 ALR 16 1 the House of Lords proceeded on the assumption that a court of record possesses protective jurisdiction to indict a person for interference with the administration of justice in the inferior courts but it refused to indict as it held that this protection is available to a court exercising judicial power of the State and not to a Tribunal even though the same may be inferior to the court of record. In India, the courts have followed the English practice in holding that a court of record has power of summarily punishing contempt of itself as well as of subordinate courts. 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;

Judicial conflict with regard to High Court’s power with regard to the contempt of subordinate court was set at rest by the Contempt of Courts Act 1926. Contempt of Courts Act 1926In Attorney General v. Times Newspapers, [1974] A.C. 273 at p. 302 the necessity for the law of contempt was summarised by Lord Morris as: 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’ When you are studying English law, most of the books of interest to you will be shelved on Level 2, the entrance level to the Law Bod. The Act resolved the doubt by recognising to the power of High Courts in regard to contempt of subordinate courts, by enacting Section 2 which expressly stated that the High Courts will continue to have jurisdiction and power with regard to contempt of subordinate courts as they exercised with regard to their own contempt. Thus the Act reiterated and recognised the High Court’s power as a court of record for taking action for contempt of courts subordinate to them.

The subordinate courts administer justice at the grass root level, their protection is necessary to preserve the confidence of people in the efficacy of Courts and to ensure unsullied flow of justice at its base level. The summary power of punishment for contempt has been conferred on the courts to keep a blaze of glory around them, to deter people from attempting to render them contemptible in the eyes of the public. These powers are necessary to keep the course of justice free, as it is of great importance to society.” (Oswald on Contempt of Court). When you search SOLO for books on your Oxford Law Faculty Reading List you may findthat the location is shown as Law Library Reserve Collection. Books in the Law Reservecollection must be asked for at the Enquiry Desk on Level 2. Please remember to bring your Oxford University Card or your Bodleian Reader's Card when you come to the Desk.Gives a distillation of legal concepts providing a first point of reference for research or for understanding an unfamiliar area of law