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Limitation on contempt of court in civil cases

(Querist) 24 May 2017 This query is : Resolved 
Most Respect sirs,

Namaskar.

We won a civil suit against the illegal constructions of our neighbor but the demolition was not done by DDA (Delhi Development Authority).

The judgement was delivered in August 2015 and only some portions were demolished. We have filed an execution petition in April 2016 and the proceedings are still going On. Reconstruction was done in September'16 and police compliant was made by DDA tehmselves against the owner in September'16 over the re-construction.

During the execution proceedings, the DDA filed an affidavit and stated that the demolition will take place in March'17. But they did not took any action and we have made representations to DDA on this.

Given to understand that the contempt of court proceedings have limitations of one year from the act of contempt.

1. Can I file a contempt of court on this at the High Court or lower court?

2. Will HC dismiss the Contempt Petition by citing that the limitation period of one year is over and hence the same is dismissed?

2.1: Will the contempt is applicable from the date of judgement or the date of contempt is committed. Since re-construction is done in September'16, can that be taken as date of contempt committed?

3. The very fact, we filed the Execution petition in April 2016 itself states that the contempt is committed and we brought the contempt to the notice of the lower court.

4. Basically, there was a re-construction in September'16 and there is an affidavit that the demolition shall take place in March'17 and did not took place. Can that be taken at the date of contempt is committed?

Sorry for the inconvenience.

Your sincerely,

Rishi Gupta








Dr J C Vashista (Expert) 24 May 2017
Which court i.e., District (CJ or ADJ) or Delhi High Court has passed the order/judgment where DDA has been directed to carry on demolishion ?

What is the opinion and advise of your lawyer qua limitation for filing of contempt petition?If you are dissatisfied with the guidance of your lawyer, show all relevant documents and case file to some other prudent local lawyer for proper analyses, guidance and proceeding.

Why do you seek second opinion on this platform, probably it is FREE OF COST isn't it?
Guest (Expert) 24 May 2017
Even if there is delay with acceptable valid Reasons the delay would be Condoned
Guest (Expert) 24 May 2017
Discuss with A Local Good Senior Advocate
Guest (Expert) 24 May 2017
If you are in Delhi and If required you could contact our Senior Advocate Dr.J.C. Vashista by fixing An appointment with him .His contact details are in his profile or you could send him a Private Message from here.
Kumar Doab (Expert) 24 May 2017
You have posted that:



’ Reconstruction was done in September'16 and police compliant was made by DDA tehmselves against the owner in September'16 over the re-construction.’



What is the opinion of your own Lawyer that has helped you succeed.?
Kumar Doab (Expert) 24 May 2017
Central Government Act


Section 20 in the Contempt of Courts Act, 1971



20. Limitation for actions for contempt.—No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. —No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."




https://indiankanoon.org/doc/1436/
Kumar Doab (Expert) 24 May 2017
Dear LCI author @ Rishi Gupta,


You are right that the LCI authors/querists like you come daily to forum of LCI seeking, 1st and 2nd and even 3rd,4th opinion.



The discussions at LCI are FREE.


The consultations are FREE.
Rajendra K Goyal (Expert) 24 May 2017
Full case file and orders of the court need to be referred, discuss with your lawyer.
Guest (Expert) 24 May 2017
Agree with mr.RK Goyal
Guest (Expert) 24 May 2017
Full Case Details to be Referred
Guest (Expert) 24 May 2017
Discuss with Local Good senior Advocate
Guest (Expert) 24 May 2017
Well Advised by Mr.RK Goyal
Kumar Doab (Expert) 24 May 2017
In case for any reason you are not satisfied with your current lawyer choose your lawyer with your efforts and inquiry at civil courts,HC,SC ............and discuss in person.

You can also show the points, suggestions that have come in threads that you have posted.




The discussions at LCI are FREE.


The consultations are FREE.
Guest (Expert) 24 May 2017
Better Not to Mention as FREE
Guest (Expert) 24 May 2017
It would be an Insult to the Querist/Author as well as Experts/Advocate
Guest (Expert) 24 May 2017
Better to mention it as "Honorary"
Guest (Expert) 24 May 2017
Here the Services are rendered Honorarily only Please
Kumar Doab (Expert) 25 May 2017
It is absolutely right that The discussions at LCI are FREE.


The consultations are FREE.

No more deliberations on it.
Kumar Doab (Expert) 25 May 2017
Posting discussions and consultations at LCI are FREE is good act at LCI and good act can not be insult.


No more deliberations on it.


Kumar Doab (Expert) 25 May 2017
It shall be good to term persons rendering honorable services at LCI as HONORABLE.


Those that are not shall not be HONORABLE.


The record of honorable services is maintained by LCI at threads at LCI.


No more deliberations on it.
Kumar Doab (Expert) 25 May 2017
Good to see the inner wish that henceforth ONLY honorable services shall be rendered at LCI.


Rishi Gupta (Querist) 26 May 2017
Dear eminent Lawyers of LCI,

I wish to thank you all for all the guidance and support provided to my query on the Contempt of Court.

Please accept my apologies in case we have disturbed you all.

I also agree with your views that the services are honorable one and helps the society since many people like us can not afford to engage beyond one lawyer.

Whereas by posting the query at LCI, we do get better guidance.

I admire you all from the bottom of my heart since you all took your valuable time in answering to the queries.

with best regards,

Rishi Gupta

Kumar Doab (Expert) 26 May 2017
You are welcome.
Guest (Expert) 27 May 2017
Welcome Please


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