Contempt of Court
valentine
(Querist) 29 September 2010
This query is : Resolved
How is the contempt of court proceeding conducted in India? Does the trial court have the jurisdiction to conduct trial for contempt of its own order?
Basavaraj
(Expert) 30 September 2010
Yes let someone senior member say on this, i am also very eager to know.
Vinod Singh Tomar
(Expert) 30 September 2010
In civil cases, violation of effective order like status quo/ injunction is contempt of court. In such cases, Misce. application, its affidavit duly supported with certified copy of existing order, and document and witnesses if any for violation of the said order is filed Under Order 39 Rule 2A which deals with contempt of court. Try to get is annexed with the main proceedings in which the order is passed in the same court. Similarly, you can file a separate plaint under contempt of Court Act and under I.P.C. Contempts are of two kinds. one is already stated herein before as civil contempt and another is criminal contempt which is dealt under I.P.C.
valentine
(Querist) 01 October 2010
Dear Vinod
This is the basic which you have given and about which I am well aware as a lawyer. What I really want to know is the procedure under different cases. In case of injunction, disobedience of the order amounts to civil contempt. As per the Contempt of Courts Act, 1971 which I have learnt by heart, any disobedience/disregard of the court's order, direction, any undertaking etc. amounts to contempt of court U/S 2(b) of the Act. However, the question is the act is silent on the jurisdiction of various cases under different acts. In my case the MVA Tribunal has passed the order on NFL and the payment was to be made within 90 days. The opponent moved the HC but his writ was disposed off without opinion. He again preferred 1st Appeal U/s 173 MV Actin the HC but is facing various objections specifically payment as per S. 173 for appeal. I have filed an application for Contempt of Court's Order in the Tribunal where the case is being conducted originally, but the Hon. judge says the Tribunal has no jurisdiction to initiate Contempt Proceedings and has requested to come with a citation in support of my application. And hence I am seeking clarification and further opinion/citation on this.
