Opportunity to cross examine
anilkumar yadav
(Querist) 09 August 2016
This query is : Resolved
Dear experts kindly give your valuable opinions.
In a suit for a will in dispute despite having 3-4 opportunities to cross examine the witnesses the plaintiff lawyer doesn't appears so the high court registrar closes the opportunity to cross examine them, in between the district courts pecuniary jurisdiction is increased and matter is transferred to lower court where the ADJ ignoring the HC's order asks the defendant to bring again his witnesses for cross examination.
Can this be done?
If not, what's the remedy. Between the two orders 18 months has passed.
Ms.Usha Kapoor
(Expert) 10 August 2016
Contempt proceedings are to be filed against the defendant lawyer for defying the High court order as it is civil or passive or constructive contempt defying or not obeying High court orders. Lawyer can be punished for contempt or civil contempt. Their deference has to be struck out or cancelled out as there is deliberate and undue delay inn procrastinating the case and suit should be decided in your case based on this ground alone.Speedy trial is the norm. But unscrupulous lawyers are unduly delaying the court proceedings for nefarious ends. This is nothing but abuse of the process of th e court and eating into valuable time of the court.
R.K Nanda
(Expert) 10 August 2016
Adj can't go against previous high Court order. No contempt can be filed against lawyer.
Rajendra K Goyal
(Expert) 10 August 2016
District ADJ can not overlook High court orders.
Ms.Usha Kapoor
(Expert) 10 August 2016
Dear Senior Legal Experts,
As I already stated above there are two types of contempt of court. Civil or indirect or constructive contempt and direct or criminal contempt.
I'm reproducing the difference between these two here I came across online.
There are two types of contempt -- civil and criminal. Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly -- for example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed, or both as punishment for his act.
Civil contempt occurs when the contemnor willfully disobeys a court order. This is also called indirect contempt because it occurs outside the judge's immediate realm and evidence must be presented to the judge to prove the contempt. A civil contemnor, too, may be fined, jailed, or both. The fine or jailing is meant to coerce the contemnor into obeying the court, not to punish him, and the contemnor will be released from jail just as soon as he complies with the court order. In family law, civil contempt is one way a court enforces alimony, child support, custody, and visitation orders that have been violated.
Since any person can be punished for contempt of court a lawyer who ignores or disobeys or does not honour a superior court orders, here High Court orders can be punished for civil contempt till he obeys or complies with High court directions in the trial court to expedite court hearing etc for the convenience of the parties. Speedy trial also is a fundamental right as per our Indian Constitution.
