Contempt of Court Act
ankur sharma
(Querist) 06 September 2010
This query is : Resolved
In case of an interim order passed by HC, when does the period of limitation start as per sec 20 - is it from the date of the interim order or from the date of disposal of appeal against the order ?
Devajyoti Barman
(Expert) 07 September 2010
From the date of order passed. Once the appeal against the order is disposed of confirming the same , the force of order relates back to the date when it was passed.
R.Ranganathan
(Expert) 07 September 2010
Interim order is passed before the final disposal of appeal as you know it. So the period of limitation for the interim order passed starts from the date of the interim order only.
ankur sharma
(Querist) 07 September 2010
Mr. Barman & Mr. Ranganathan - could you refer to any citations on the above.
ankur sharma
(Querist) 07 September 2010
Mr. Barman & Mr. Ranganathan & Ms. Parmeswaran - could you refer to any citations on the above.
James Arun
(Expert) 07 September 2010
Ankur it would help if you give more details. My learned friends above have given their opinion on very limited information given by you.
Period of limitation u/s 20 is one year from the date of alleged contempt.
So, if the HC interim order is disobeyed, contempt starts from the date of first disobedience. This is the normal understanding.
If it is a continuing disobedience/wrong, Sec 20 does not apply (AIR 1989 SC 2285).
The availability of an appeal over an interim order of the HC, does not give a right to disobey the order, unless a stay is sought and the said stay is granted. Till a stay is granted, and while the proceedings for a stay order are going on, there is no contempt. Only during that limited period, while the application for stay is being heard, there is no contempt.
In your case, assuming no stay was granted in your appeal, and since appeal is dismissed, the interim order has become absolute from the date of dismissal of the stay order in appeal. Therefore, the contempt, if any, starts from the date of the appeal/date of stay order in appeal being dismissed.
In your case, Sec 20 applies from the date of appeal dismissal, if contempt is alleged of that order by the opposite party.
1994 AIR SCW 460 / 1995 Supp 4 SCC 465 Modern Food Industries India Ltd vs Sachidanand Dass
ankur sharma
(Querist) 07 September 2010
Mr. Arun James....thanks for your valued input which makes the matter clear to me. I am grateful for the same !
