kalpana
(Querist) 19 June 2015
This query is : Resolved
Sir A person filed a contempt case against the officer of a corporation alleging that he had violated the undertaking given to the court. Based on the undertaking given the contempt case was closed. After the case was closed it came to light that the officer had given the undertaking contrary to law and in fact the corporation is not bound by the undertaking. Now my query is if an officer of the government gives an undertaking in a contempt case which is not binding in it what is remedy available to the government when the contempt is closed based on the undertaking. Does it amount to fraud or material representation.
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