Topic
The NCLAT ruled that orders dismissing contempt petitions are not appealable under Section 19 of the Contempt of Courts Act, 1971, as the provision only permits appeals against orders punishing for contempt. This bars aggrieved parties from challenging dismissal of contempt proceedings before the Appellate Tribunal.
The Delhi High Court held that Section 19 of the Prevention of Corruption Act (Amendment) 2018 makes prior governmental sanction a pre-condition for taking cognizance, and that the amendment operates only prospectively, leaving cases where cognizance was taken before 26 July 2018 untouched. This confines the amendment’s effect to pending and future prosecutions of public servants.
Gauhati High Court rules that offences involving disproportionate assets under the Prevention of Corruption Act do not require prior sanction under Section 17A, reinforcing that quashing proceedings at the trial stage should be exceptional. This holding clarifies the procedural safeguards for prosecuting public servants accused of amassing assets beyond known sources of income.
Chhattisgarh High Court clarifies that appeals under Section 19 of the Contempt of Court Act, 1971, lie only against orders imposing punishment or framing charges, not against interim procedural directions. This ruling narrows appellate recourse in contempt proceedings, impacting litigants seeking to challenge non-punitive orders.
The Madhya Pradesh High Court holds that partial interest payments on loan obligations revive the limitation period under Section 19 only if made within the original three-year window; payments made after expiry do not reset the clock, rendering suits filed years later time-barred. This clarifies a critical threshold for lenders and borrowers in debt recovery cases.