[Landmark Judgement] M.Y. Shareef v/s Judges of Nagpur High Court (1955)

Landmark Judgment Law Insider (1)

Published on: 21 November 2022 at 08:43 IST

Court – Supreme Court of India

Citation – M.Y. Shareef v. Judges of the Nagpur High Court (1955) 1 SCR 757

Hon’ble Supreme Court of India has held that a person can either provide a justification or an apology. However, a person cannot be allowed to eloquently provide justifiable apology at the same. It is held that an apology cannot be a defence to an offence.

Para – 10

The proposition is well settled and self-evident that there cannot be both justification and an apology. The two things are incompatible. Again an apology is not a weapon of defence to purge the guilty of their offence; nor is it intended to operate as a universal panacea, but it is intended to be evidence of real contriteness.

The appellants having tendered an unqualified apology, no exception can be taken to the decision of the High Court that the application for transfer did constitute contempt because the judges were scandalized with a view to diverting the due course of justice, and that in signing this application the two advocates were guilty of contempt. That decision therefore stands.

Drafted By Abhijit Mishra

Key Words –  Pleading, Contempt of Court

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