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Execution Petition and Application of Contempt of Court

(Querist) 11 January 2011 This query is : Resolved 
Hello Everyone,

Greetings !!!!!

Request you to elaborate on the Execution Petition and The Contempt of Court. Crieterias of filing the two and the execution and the process.

Regards,

Adv Aarti.
Amit Minocha (Expert) 11 January 2011
if there is a decree / order and it is not obeyed by the opposite party then you need to file an Execution Petition for compliance of the same. In addition move a contempt petition also in the Court whose orders were not followed i.e willfully disobeyed. amitminocha@yahoo.com
Y V Vishweshwar Rao (Expert) 11 January 2011
1- A Civil Decree or order to be executed by filing Execution Petition - the Decree will be executed by the Court as per the Relief prayed for and as per the procedure prescribed under C P C

2- Non compliance of Civil Decree is not contempt. Contempt of Court is to be considered & verified under the separate Act of Contempt of Court/
Kirti Kar Tripathi (Expert) 11 January 2011
I agree with the experts.
Guest (Expert) 11 January 2011
A CIVIL COURT JUDGEMENT CAN BE EXECUTED BY FILING CIVIL APPLICATION FOR EXECUTION OF SAID JUDGEMENT( DARKHAST ) BY ENCLOSING THE CERTIFIED COPY OF JUDGEMENT.
B.PRAYER CLAUSE INCLUDES PRAYERS FOR RECOVERY OF AMOUNT AS PER JUDGEMENT AND FOR ATTACHMENT OF PROPERTY OF JUDGEMENT DEBTOR AND ALSO IN CASE AMOUNT IS NOT RECOVERED THEN THE JUDGEMENT DEBTOR CAN BE ARRESTED AND KEPT IN CIVIL JAIL.
C.ANY CONTEMPT OF ORDER OF ANY COURT IS TREATED AS CONTEMPT OF HIGH COURT AND CONTEMPT PETITION CAN BE FILED IN THE SAME COURT WHOSE ORDERS CONTEMPT WAS MADE OR IN THE HIGH COURT.THERE IS STAMP DUTY EXEMPTION FOR THIS CONTEMPT PETITON.IT IS FILED IN CIVIL SIDE. GOOD LUCK.
Advocate. Arunagiri (Expert) 11 January 2011
I agree with experts.
valentine thakkar (Expert) 13 January 2011
Contempt proceeding is within the jurisdiction of the High Court and not the trial court. It is strange but the lower court whose order has been disobeyed willfully cannot conduct the contempt proceedings. One has to go to the High Court and seek its guidance. There r conditions to it: 1) willful disobedience 2) No other remedy is available except the one the petitioner is seeking.


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