Contempt of Court

pradeep (Querist) 15 May 2011 This query is : Resolved
MY CLIENT BROUGHT A PROPERTY VIDE REGISTERED DOCUMENTS AND THEREAFTER CREATING PROBLEM TO MY CLIENTS. RAJASTHAN POLICE TAKEN POSSION TO MAKE PIECE AND RETURN AFTER COMPROMISE IN BOTH TH PARTY.MEANWHILE I GOT STAY ORDER FROM ADJ. BUT WITHOUT VACATION OF STAY RAJ. POLICE HANSDED OVER KEY OF PROPERTY TO SELLER WHO HAVE NOT GROUND AS HE HAS SOLD PROPERTY TO MY CLIENT. I WANT TO FILE CONTEMPT OF COURT PETITION AGAINST SELL AND AS WELL AS POLICE(WHO IS NOT PARTY IN THE CASE). MAY I FILE CONTEMPT OF COURT PETITION AGANIST POLICE ALSO PLEASE GUIDE SOME CASE STUDY OF RAJ. HIGH COURT ORDER AND SC ORDERS IN THIS REGARDS.

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Guest (Expert) 16 May 2011
all are asking for high or supreme court orders without spending the time and mind. where are gone the all the provisions of of act?. The act it self contents the provisions.\
The stay order must be inforce
the stay order has been disobeyed.
you send a legal notice on this aspect
then file a contempt petition in ADJ court.

Advocate. Arunagiri (Expert) 16 May 2011
It is a clear cut case of contempt of court. No need for case laws. File the contempt petition.

pradeep (Querist) 16 May 2011
POLICE IS NOT A PARTY IN THE FIR AND CASE FILE IN ADJ UNDER WHICH MY CLIENT GOT INJUNCTION ORDER.
KINDLY GUIDE EVENTHOUGH I CAN FILE CONTEMT OF COURT PETITITION AGAINS POLICE AND AS WELE AS COUNTER PARTY.
PLZ.CLEARFY IN DETAIL

Guest (Expert) 16 May 2011
Dear Pradeep,

Before deciding to file a contempt case, please go through properly the wording of the stay order. If the possession had already been taken before the issue of stay order and the stay order mentions about "STATUS QUO", your contempt plea will fail, as the orders would be about the "current or existing state of affairs."

However, if the orders were clear in favour of your client, only then go for the contempt.

pradeep (Querist) 16 May 2011
it is clear that i can file contemt of court against respondent but is is not clear that can i make party to police also who disobey court order and handed over key of property to respondent even court give injuction order to keep key with police.It was in the knowledge of police that case pending in adj as mentioned in FIR.
if some case study in this regard please provide so that helpful to contempt application against police also.

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