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Which one of the following statements regarding judiciary in India is not correct?
High Court is a court of record
High Court has the right of superintendence and control over all the subordinate courts in all the matter of judicial and administrative nature
High Court does not have the power to punish for its contempt or disrespect
The District and Session judge has the power to impose capital punishment
Third statement is incorrect.
In India contempt of court is of two types:
1. Civil Contempt Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
2. Criminal Contempt Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which: (i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. (a) 'High Court' means the high court for a state or a union territory and includes the court of the judicial commissioner in any union territory.
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