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Extension of limitation by honble supreme court of india

Querist : Anonymous (Querist) 22 July 2020 This query is : Resolved 
Dear sir
Honble supreme court on 23 march 2020, extended limitation period since 15th March to till further orders..
Up till now this holds good as there is no further order issued so far and lock down is continuing in the country till 31 July 2020...
Background of my case:
In my WP, On 15th April 2019, The High court directed concerned Thasildhar to do survey & remove alleged encroachments accordingly on the govt lands ...But the direction issued is without any fixed time frame to comply with...Thasildhar did survey and submitted report confirming encroachments and issued notice to encroaches to remove..But till 25th March, Thasildhar did not remove encroachments..I learnt that in cases of direction without specific time frame, the maximum period of limitation to file contempt is ONE YEAR from date of issue of direction..thus my limitiation period was ending on 14th April 2020 and i was planning to file contempt by first week of April 2020 and by that time on 23March Supreme court on suo moto issued an order to all courts in India THAT LIMITATION PERIOD IS EXTENDED SINCE 15 MARCH 20 TO TILL FURTHER ORDERS...With this background my queries are as follows:

1. Is this extension of limitation during lock down applicable for contempt cases also in WP?

2. How the date of expiry of limitation period will arrived after Supreme court cancels the extension of period of limitation?.. Will they give atleast one month for the litigants to file contempt etc?

3. Is it mandatory to issue a legal /advocate notice to Thasildhar before filing contempt petition at HC against him?
3a) . If yes, can we issue a notice to thasildahr during lock down itself by post thro an advocate?

4. Is there any bar in filing contempt against a govt officer (thasildhar) directly at High Court WITHOUT ANY PRIOR LEGAL NOTICE as it is already delayed..

Your kind reply /opinions will help me to plan suitably ...
Thanks '
Regards
Ramji











Isaac Gabriel (Expert) 23 July 2020
You can directly file contempt Petition in the High court.
Dr J C Vashista (Expert) 23 July 2020
Dear Mr. Ramji,
Q 1. It is applicable all cases whether pending or to be filed. Now Supreme Court has further extended to another period of 4 weeks from 01st August 2020 (7 judges committee directed on 22nd July 2020).
Q 2 Wide publicity in media as well as notices may be directed to be issued with minimum 21 days notice. It is still premature to presume qua manner of ceasation of extension period.
Q 3. & 3 a). Answer is affirmative, it is mandatory to be annexed with Contempt petition.
Q 4. No such bar for initiation of contempt of courts u/s 11 & 12 of the Contempt of Courts Act, 1971.
Warm regards
Dr. (Maj) J C Vashista
Advocate
Cell # 9891152939
Querist : Anonymous (Querist) 23 July 2020
My sincere thanks to Dr.JC Vashista & Mr Issac Gabriel for their quick responses with clarity..

Thanks
Regards

Ramji
Rajendra K Goyal (Expert) 23 July 2020
Agree with the advice from expert Dr. (Maj) J.C. Vashishta ji.
Dr J C Vashista (Expert) 24 July 2020
Thank you Mr. Rajendra K Goyal for agreeing with me.
Dr J C Vashista (Expert) 24 July 2020
Thank you Mr. Rajendra K Goyal for agreeing with me.


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