Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Contempt of court

In a civil case there was a contempt of court by the defendant by not obeying to an interim order...... We moved an application in the same court regarding the contempt.... However it got rejected without any grounds..... Can we move to District court???


Learning

 8 Replies


(Guest)
First of all where did you file the application for Contempt of Court? If an application has been dismissed you always have an option to approach Higher Court against its dismissal. On what ground has it been dismissed?What kind of civil case was going on?
1 Like

(Guest)
@Anupam kirti.

The application for contempt was filed in the same court(taluka court) ...... However the order for which the contempt was filed was an interim order.

The contempt application was surprisingly rejected... The order only stated that... The court is of opinion that there was no contempt


Can we go to district court......????

(Guest)
If according to you there are reasonable grounds to proceed then you can do so.
1 Like

R.Ramachandran (Advocate)     26 December 2017

Whether there is contempt of its order or not is the concern of the Court, and not of the Applicant who files the Contempt Petition.  The job of the Applicant gets over once he has brought it to the notice of the Court that its orders have not been complied with and consequently there is contempt.  If, the court itself feels that there is no contempt, the Applicant cannot do anything.  The question of preferring appeal simply does not arise.

1 Like

(Guest)
Thank you for your reply LEARNED ANUPAM KIRTI

(Guest)
Sir R. Ramachandran

court has not observed any grounds and given an erroneous judgment.....

Under what section we can go to district court?

R.Ramachandran (Advocate)     26 December 2017

Court need not give any ground.  If it is satisfied, that there is no contempt, it may not proceed with the contempt case.  Whether a particular court is affected by contempt or not is to be decided by the same court, and not by any other court.  Therefore, the question of approaching higher Court (District Court) simply does not arise.  THE APPLICANT IS NOBODY TO SAY THAT IT IS AN ERRONEOUS JUDGMENT (especially it is for the court to decide whether there is any contempt or not - because it is between the court and the alleged contemnor and Applicant has no further say than to bring the matter before the Court).

 

1 Like

(Guest)
Sir,
Then as per your opinion the order for rejecting contempt application.. If we are dissatisfied with the order then such order has no remedies like to go in district court ???

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading