Reg. Contempt of Court proceeding

NB (Querist) 27 November 2010 This query is : Resolved
Sir/Madam,
I would like to know that application for contempt of court proceeding against the defendant in a case ..
1. Is a part of a case which is subjudice before a court and may be treated as re-joinder with main case.
2. It may be filed separetely as an independent case.
3. both 1 and 2 are correct.
thanks
NB

Follow Query

Report Abuse

Devajyoti Barman (Expert) 27 November 2010
1.Once the petition u/s 340 crpc is allowed,it is neither the rejoinder or part with the same case but a separate proceeding to be tried in the court of a Magistrate.
2.No in the same case where the perjury is alleged to have happened.
3. You now decide.

Raj Kumar Makkad (Expert) 27 November 2010
1. No.

2. Yes.

3. As per reply submitted by me above.

Advocate. Arunagiri (Expert) 27 November 2010
Contempt of court is a case araised during the court proceedings. So, the cause of action for main case is different, cause of action for the contempt of court is different.
1. No, it is not part of the case. It is a connected case.
2. No, it can not be filed as a independent case. It has to filed in the same court where the contempt is committed.
3. Both are incorrect.