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Petitioner Inperson (XYZ)     04 November 2013

Remedy of contempt of court

Ld. Members of this forum are requested to suggest a remedy of Contempt of Court.

Contempt was done by respondent in Labour Court in nature of Criminal. Application for cognizance of Contempt was filed in the same court, but neither application was considered in a conspiracy and nor a decision was given on the application. Therefore suggest; What are the procedure and remedy available in this case ?



Learning

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 November 2013

Contempt of Court Act is a toothless act.  Under the Act the court is the aggrieved party and not the litigant who suffered on account the Contempt act. It is not clear from your post what exact act amounted to contempt of court. A contempt of court case has to be filed in the High Court. If the contempt action happens in a lower court, a complaint should be filed in the court where the contempt took place. The lower court shall make necessary inquiries and if it finds the case is genuine, the court will forward it to the High Court with its recommendations. The State should assign a public prosecutor to prosecute the case in the High Court.

Petitioner Inperson (XYZ)     07 November 2013

Thanks a lot for reply Mr. MPS RAMANI.


I have already filed application in the Labour Court under the provisions of Contempt of Court Act, but i have to state that said application has also been concealed to save the Respondent who breached the proceedings of court on account of corruption, further, it is not clearly available that Court has considered the application or not.

"Matter is that third party (unknown person -advocate) appeared in the court without any authority and in impersonation of Respondents has filed wrong affidavit to fabricate/conceal the evidences of case, it was done with the knowledge & consideration of Ld. Presiding officer, tried to cheat the petitioner and legal procedures of a court"

Further, petitioner in person is seeking appropriate remedy to redress contempt and harassment which was done on account of money and corruption in the Labour Court.

My question is that, if said Court is not taking any action on contempt application then what is the remedy available for aforesaid petitioner to redress Respondents? in which court petitioner should redress Ld. ADJ for misusing authority? what is the procedure for that?


Regards.

Petitioner In person


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