Civil contempt application u/s 12

Querist : Anonymous (Querist) 03 September 2011 This query is : Resolved
RESPECTED LEGAL GIANTS !
NAMASKARAMS.

In case of civil contempt u/s 12 which court have jurisdiction to decide the contempt Application.

If parties breach under taking given by him in Ld. ADJ court.

Can Ld. ADJ court himself decide the contempt application or it necessary for him after conclude the application with in one year it refer to Hon`ble High Court and Hon`ble High Court deciding the Contempt Application.

If any have case law on it Plz send such authorities in which it necessary for Ld. ADJ court to refer the application after concluding to Hon`ble High Court.

Or in alternate in which define that Ld. ADJ court dn`t have jurisdiction to decide the contempt application of his own court. In which parties breach order of Ld. ADJ Court

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Raj Kumar Makkad (Expert) 03 September 2011
The contempt jurisdiction is exercised by the court wherein there is deliberate or willful disobedience of the orders of the court or in anything which undermines the majesty of the court. It is well settled that the contempt jurisdiction is the special jurisdiction and the court has to itself form the opinion that it is contempt of the court and not upon the insistence of any party. In Re: Special Reference No. 1 of 1964, [1965] 1 S.C.R. 413, it has been observed by the apex court that it is for the court to consider whether any matter falls within its jurisdiction or not. Unlike a court of limited jurisdiction, the superior Court is entitled to determine for itself questions about its own jurisdiction.

M/s. Y-not legal services (Expert) 04 September 2011
Yes. Am totally agree with mr.makkad.. Even simply mean the contempt petition should be filed before the concern court, which has passed the subject order.

Shailesh Kr. Shah (Expert) 04 September 2011
Mr. Raj kumar makkad has nothing left to more further add.

prabhakar singh (Expert) 04 September 2011
your query is rightly addressed by Mr.Makkad.

Querist : Anonymous (Querist) 04 September 2011
Thanks all of you.

Raj Kumar Sir can u tell me citation tittle which u mention in u r reply.

Querist : Anonymous (Querist) 04 September 2011
All R/Sir,

I have one more question can it necessary for trial court conclued and submit contempt application to Hon`ble High Court with in one year.

girish shringi (Expert) 04 September 2011
Not necessary.

Chanchal Nag Chowdhury (Expert) 05 September 2011
In case of the lower court, the contempt has to be filed in the court which passed the order.It will take cognizance & send it to the HC. The lower court does not have the power to punish under the Contempt of Courts Act.
The limitation of one year is on U & not the court.

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