Querist :
Anonymous
(Querist) 28 September 2010
This query is : Resolved
w.p.decided by hon'ble high court orer to comply ordedr within eight weeks .date of orer is 22 july 2010 accordingly eight weeks period complete on 22 sep 2010 .we proceed to Hon;ble supreme court to challange the order my question is 1)can apposite party file contempt proceeding after eight weeks or after 3 months from date of order(limitation period)pls reply urgently Thanks and regard
Kiran Kumar
(Expert) 28 September 2010
if there were orders for compliance with in 8 weeks then it means 8 weeks in strict sense.
the limitation period will not have any bearing upon this, the opposite party can move in with contempt petition.
Raj Kumar Makkad
(Expert) 28 September 2010
Contempt proceeding can be initiated but when you get further stay order from SC against the execution of order under appeal then no contempt petition is maintainable.
ESTHERPRIYA
(Expert) 28 September 2010
The appeal against the w.p. has to be filed in time. You have taken such a long time. when the order is 8 weeks from the date of receipt of order copy, you are required to file with in that time or else after the said time period they are eligible to move a contempt against you and if you are able to get a stay order in the said contempt or in the order of W.P. you can produce it and it will given long date untill the disposal of the S.L.P. in supreme court. The another thing is that why you have not moved W.A. before the high court?
pawan sharma
(Expert) 28 September 2010
i. An Orders for compliance with in 8 weeks then it means 8 weeks, not beyond. ii. opposit party can file the Contempt proceeding againt you. iii. Limitation is srarted from the date of order exclude the time of obtaining the certified copy of the order. iv. you may file the Writ Appeal berore the same High Court if this W.P. is not against the order of the Lower Court below. v.if the condition is deffer from the clause iv. above ,then you may file SLP under Art.136 of the constitution of india.
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