Contempt of court

Ritesh Ranjan (Querist) 08 August 2021 This query is : Resolved
A Govt. Authority didn't respond to the notice U/s 80 of the CPC within prescribed time limit. Thus, they violated the order of the Hon'ble Supreme Court of India in the matter of Salem Advocate Bar Association, Tamilnadu Vs Union of India (2005 ) 6 SCC 344. Can a case for initiating Contempt of Court be filed. If yes, then in which Court ? Is there any notice period?

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This discussion explores whether a government authority's failure to respond to a notice under Section 80 of the CPC, within the prescribed time, constitutes contempt of court, especially in light of a Supreme Court ruling. While some suggest filing a contempt petition, others argue that a simple non-response to a legal notice does not automatically amount to contempt of court under the Contempt of Courts Act, 1971. The consensus leans towards the view that the specific court whose order was violated would hear such a petition, but the initial act itself may not be sufficient grounds for contempt proceedings.

SHIRISH PAWAR, 7738990900 (Expert) 08 August 2021
Hello,

If contempt has been caused to the judgment of the Supreme Court, then you can file contempt petition in the same court who passed the order/judgment.

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Ritesh Ranjan (Querist) 08 August 2021
I request replies for some more experts. Can the COURT OF CJM OR SESSIONS JUDGE hear such Contempt ?

Advocate Bhartesh goyal (Expert) 08 August 2021
It is the court whose order/ judgment has been violatef can only hear contempt petition.

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Dr J C Vashista (Expert) 09 August 2021
No reply to legal notice under section 80 (c) of the Code of Civil Procedure, 1908 do not attract as no case is made out to initiate proceeding under the provisions of Contempt of Courts Act, 1971.
It is just a misconception, if someone has advised you to initiate CoC proceeding.

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P. Venu (Expert) 10 August 2021
What are the facts? What is the context?

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