Circular of the Department of Legal Affairs dated 24th February, 1978 on section 4 of the Contempt of Courts Act, 1971 [C10-E5Y]
As at 7 September 2026. In force from 24 February 1978.
F. No. 16/8/1978-DEPA
Government of India
Ministry of Law and Justice
Department of Legal Affairs
New Delhi, dated the 24th February, 1978
To
All Registrars and Highs Court
Subject: Section 4 of the Contempt of Courts Act, 1971 (70 of 1971), the taking of evidence on commission, regarding.
1. References have been received in the Department of Legal Affairs seeking clarification on the manner in which section 4 of the Contempt of Courts Act, 1971 (70 of 1971) (hereinafter referred to as the Act) is to be applied to commissioners appointed by the court who undertake the taking of evidence on commission at more than one place.
2. The matter has been examined. Section 4 of the Act requires every commissioner appointed by the court to make an application to the High Court within the period stated in that section.
3. It is, accordingly, clarified that a separate application shall be made in respect of each place at which the taking of evidence on commission is undertaken, and the High Court shall process each application in accordance with section 4 of the Act and the rules made thereunder.
4. Difficulties, if any, in the implementation of this circular may be brought to the notice of the Department of Legal Affairs.
(Under Secretary to the Government of India)
Made under
No enabling provision stated.
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