Whether following called as Contempt of court??

This query is : Resolved 
 

(Querist)
15 October 2009

If Hon’ble judge turned down the request of the petitioner for filing the Written Arguments and if the party files the same . Is it not the contempt of the court???


Adinath@Avinash Patil (Expert)
15 October 2009

NO IT IS NOT CONTEMP OF THE COURT, PARTY CAN FILE WRITTEN ARGUMENTS. ACCEPTANCE OF IT IS DISCRITIONARY POWER.

adv. rajeev ( rajoo ) (Expert)
15 October 2009

No it is does not amounts to contempt of court. Contempt of court means violation so court orders.

PJANARDHANA REDDY (Expert)
15 October 2009

the provision of sec. 313 amended Cr.P.C provides for written arguments,but still it has to be notified by mol.

n.k.sarin (Expert)
15 October 2009

To file written argument is a right of a party.It is not a contempt of court.court has discretionary power to whether reject it or admit it.

Raj Kumar Makkad (Expert)
15 October 2009

No different opinion than the other experts on this subject.

Sachin Bhatia (Expert)
15 October 2009

No it does not amounts to contempt of court, but acceptance of it is discretionary power of court.

H. S. Thukral (Expert)
15 October 2009

It will not be a contempt of court and rather it is advisable that you must file written arguments. It helps when the matter is decided against you without considering your oral submissions and you take the decision in appeal.

V.T.Venkataram (Expert)
15 October 2009

According to Section 2(b) of the The Contempt of Courts Act, 1971,
"Civil contempt" means willful disobedience to any judgement, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court"
in this case, the DIRECTION OF THE COURT NOT TO FILE WRITTEN ARGUMENTS has been flouted. Hence, it amounts to contempt.

Raj Kumar Makkad (Expert)
15 October 2009

No direction has been given by court in the present case rather the need of the written argument has not been felt but if any party is adamant to file, then it cannot be called a contempt of court as no order has been flouted.

vinjamuri ranga babu (Expert)
15 October 2009

hi,
it doesn't come under perview of contempt
dont worry.
vr

Arvind Singh Chauhan (Expert)
16 October 2009

Sir.
I think,To file written argument is statutory right, even court or judges are not above than law. They can't over ride such right provided by statute. If such direction is issued it is an arbitrary action, violation of which is no contempt.



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