06 November 2018
Sir/Madam, If in a case the precedent of the supreme court is filed along with written submissions is it necessary for the district court to follow the precedent. I filed a precedent in the district court which was passed by the Supreme Court and on the basis of which the concerned high court also ruled out its earlier judgment. I filed both the rulings in the district court with the written submissions but the district court in its order did not mention the precedent of its own high court but mentioned the Supreme Court precedent wrongly by stating just opposite law which was held by the Supreme Court and delivered his decision on the basis of the ruled out judgment of his own high court. I got a certified copy of the written submissions and the court has also mentioned in his order that the written submissions were also filed. Now my questions are: 1. Does the contempt lie against the district judge of both the higher courts. 2. In which court should i file the contempt petition i.e. in the high court or supreme court. 3. Can a contempt petition be only filed in the Supreme Court under article 129 read with article 141 or it is to be filed under section 12 of the contempt of courts act. Any other advice which may please be provided by you, please provide.
10 November 2018
The case was of child custody under Hindu minority and guardianship act and was decided by the family court in my favour. The opposite party filed first appeal and the order of the family court was stayed by the high court till the next date of listing and thereafter the case was listed and heard a lot of times but stay never extended. I filed the execution petition in the family court and objection was filed by the opposite party. During final arguments written submissions were submitted by me along with the rulings of the supreme court and the concerned high court in which it was held by both the courts that stay granted till the next date of listing is a time bound stay order and is vacated untill it is extended. Even then the family court refused to execute the decree on the basis of a overruled ruling of the high court in which it was held by the high court that a time bound stay order does not vacate untill it is vacated by an order. This point was clarified by me in my written arguments that this ruling has been overruled by the high court. The judge would have taken some benefit from the opposite party. Please suggest how to amd under which article or section and in which court contempt may be filed against the judge and can the opposite party be also made party in the contempt petition.
13 November 2018
Once appeal process is taken up, lower court will not accept execution petition. Also no contempt involved here. You can take the help of your lawyer for right advise as per the status of appeal preferred in High Court.