Will it amount to contempt of court
mahendrakumar
(Querist) 10 August 2012
This query is : Resolved
many a time in support of a case higher court orders like that of Supreme court,NCRDC etc are quoted.
1)just because,their is a higher court order on the subject,will any act contrary to the case by any one can be construed as an act of contempt?
2) or here contempt of court be applicable to the original parties of that case?
Devajyoti Barman
(Expert) 10 August 2012
1. No if the court cites the judgement to be not applicable to the particular case. However if in particular circumstances a general order is passed covering ll the cases of similar nature generally involving a particular party in one side then non consideration of the higher court's order is deemed a contempt of court.
2. Parties are held liable for non compliance of order only if they are party to the particular case.
J K Agrawal
(Expert) 10 August 2012
Generally the parties to the suit only are binding by the order of the court and they only are subject to contempt but when the Court passes a general order, all the persons required to follow the command of the court are within scope of Contempt in case of violation of that order.
