Karnataka Administrative Tribunal (Contempt of Tribunal Proceedings) Rules, 1987"

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 Here's a detailed summary of the "Karnataka Administrative Tribunal (Contempt of Tribunal Proceedings) Rules, 1987" with examples for each section:

1. Title

  • Rule Summary: The rules are titled "The Karnataka Administrative Tribunal (Contempt of Tribunal Proceedings) Rules, 1987," effective from the date of publication in the Karnataka Gazette.
  • Example: These rules apply when someone disobeys a decision or order of the Karnataka Administrative Tribunal.

2. Definition

  • Rule Summary: This section defines key terms used in the rules, including "Act," "Code," and "Administrative Tribunal."
  • Example: "Act" refers to the Contempt of Courts Act, 1971, which governs contempt of court matters.

3. Form of Motion

  • Rule Summary: A petition for contempt is the formal motion, titled "In the matter of Proceedings for Contempt of Administrative Tribunal."
  • Example: A person filing a petition must title it appropriately and provide necessary details as per the form.

4. Parties to Proceedings

  • Rule Summary: The person who presents the petition is the 'Complainant,' and the person alleged to have committed contempt is the 'Accused.'
  • Example: If an individual disobeys a Tribunal order, the petitioner files as a Complainant, and the person who ignored the order is the Accused.

5. Contents of Petition

  • Rule Summary: The petition must include the names, details of the complainant and accused, the grounds for the contempt action, and any previous petitions or judgments related to the case.
  • Example: A petition may include details about why a person is accused of not complying with a Tribunal order and any supporting documents.

6. Taking Cognizance

  • Rule Summary: Proceedings are handled by a bench with at least two members. For contempt under Section 14 of the Act, the bench where the offense occurred will handle it.
  • Example: If a contemptuous act occurred during a hearing, the bench present at that time will address it.

7. Initiation of Proceedings at Information

  • Rule Summary: Information about contempt, not presented as a petition, is first placed before the Chairman for review. If necessary, a hearing is scheduled.
  • Example: A person may inform the Chairman about contempt, leading to the initiation of formal proceedings if deemed appropriate.

8. Preliminary Hearing and Notice

  • Rule Summary: A preliminary hearing determines if a prima facie case exists. If so, the accused receives a notice.
  • Example: A complainant files a petition, and the bench decides whether to proceed based on initial evaluation.

9. Appearance of Accused

  • Rule Summary: The accused must appear in person or by counsel during hearings, except when excused.
  • Example: In civil contempt, an accused person may appear with a lawyer unless told to appear personally.

10. Hearing of Cases and Trial

  • Rule Summary: The accused can file a reply and present their defense. If guilty, a sentence is decided; if not, the case proceeds to trial.
  • Example: If an accused person pleads guilty, the Tribunal may impose a penalty or dismiss the case.

11. Conducting of Proceedings

  • Rule Summary: The Tribunal may appoint an Advocate-General to conduct contempt proceedings.
  • Example: If the case is complex, the Tribunal might appoint a senior lawyer to represent it.

12. Compelling Attendance

  • Rule Summary: The Tribunal may issue a warrant for the accused's arrest if they fail to attend hearings.
  • Example: A person who repeatedly misses court dates may have an arrest warrant issued to ensure their appearance.

13. Procedure for Trial

  • Rule Summary: Summary trial procedures under the Code of Criminal Procedure should be followed, with some exceptions.
  • Example: A fast-tracked trial procedure is used to deal with contempt cases quickly.

14. Power to Order Attendance for Cross-Examination

  • Rule Summary: The Tribunal can order the attendance of someone whose affidavit is submitted for cross-examination.
  • Example: If a person files an affidavit as a witness, they may be called for cross-examination to verify their statements.

15. Power to Order Attendance of Witnesses and Discovery or Production of Documents

  • Rule Summary: The Tribunal can issue orders to secure the attendance of witnesses or the production of documents.
  • Example: If a document is crucial to the case, the Tribunal may order it to be produced for review.

16. Execution of Sentence

  • Rule Summary: If the accused is found guilty and sentenced to imprisonment, a warrant for commitment is issued.
  • Example: If the accused is sentenced to jail, the Tribunal issues a warrant for their detention.

17. Execution of Processes

  • Rule Summary: The police or other designated officers execute the processes issued by the Tribunal.
  • Example: If a warrant is issued, the police are responsible for ensuring it is carried out.

18. Costs

  • Rule Summary: The Tribunal may order costs to be paid by the parties involved, and these costs are recovered in the same manner as application fees.
  • Example: If the complainant prevails, the Tribunal may order the accused to pay legal costs.

19. Procedure at Forfeiture of the Bond

  • Rule Summary: If a bond is forfeited due to the accused's absence, the Tribunal may recover the amount as a fine.
  • Example: If the accused does not appear for trial and the bond is forfeited, they may be penalized by the Tribunal.

This summary includes the key provisions of the rules, and the examples help to illustrate the application of these provisions in real-world cases.

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