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Jamai Of Law (propra)     17 October 2010

Civil suit:Contempt of court by Ld. Adv. of Opposite Party?

Dear Al,

 

Urgent help, mature advice wud be appreciated....

 

How (and why) to file  "Contempt of court by Ld. Adv. of Opposite Party" in the civil suit as well as related criminal suit (hma, crpc125 and 498a)?

 

Ld. Adv of the opposite party is the same in all the cases in all the matters.

 

There are two concrete instances of professional misconduct towards a party (initially party was wasting time 'pro-say' and got parent behind the bar) by the opposite party's Ld. Advocate (It's amazing and unexpected but in vain)

 

The Ld. advocate has also taken the hon. Court on a ride (only one specific instance. Shudn't only incident suffice?) and thus there has been a contempt of court committed by the Ld. Advocate of the opposite party.

 

 

Now at least to sooth the party who gone through all this and who also noticed all this incident and can also inferred from records also, the lawyer to that party (i.e. who was initially going prosay) seek an avenue/any way through InterimApplication/memos etc to just bring it to the notice of the Hon. Court at least.

 

Are you getting what I am saying?

 

'biradari ke virudhh bhi nahi jana hai aur mamle ko saomya tarikese samne bhi lana hai.

 

Your mature suggestions wud be appreciated.

 

There is dilemma in the mind of the lawyer to whom the party approached with all details and but has never ever indulged into such a kind so far.

 

 

 



Learning

 7 Replies

Jamai Of Law (propra)     17 October 2010

Kindly send PM at least

Jayesh Bheda (Advocate)     17 October 2010

The Contempt of Courts Act, 1972 has been enacted to for the purpose.

The subject of contempt of court  is broadly divided in (1) Civl contempt and (2) Criminal contempt.

As per the S.2(b) of the act says that  "civil contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court;

Whereas S.2(c) states that  "criminal contempt" means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which :

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner; "

Civil contempt attracted is when a person bound by any order of the court fail to comply or breaches the order. The cognisance of civil contempt can be taken by the court whose order/direction is violaged/breached.

As you can see that criminal contempt has wider possiblites. Any person who scandlise, obstracts/ interefers or prejudice the judicial proceeding can be hold for criminal contempt. (In a reported judgment of Gujarat HC wherein a person was charged for criminal conempt for talking on the mobile in the court room)

Therefore, in your case the advocate would be charged for criminal contempt. (Though you have not specifed the incident in details else he can be charged for proffessional misconduct/unethical behaviour etc.,

Keeping the criminal contempt proceeding in mind, S.15(2)  prescribes that High court can take cognisance of the criminal contempt of subordinate court on reference made by the subordinate court or Advocate General.

Therefore you can move application of contempt of the trial court before the trial court. And the trial court has to refer same to the high court.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     17 October 2010

I couldn't understand your question. What I understood is you want to take action against the opposite party advocate. If he has done any profession misconduct or misguiding the court you can bring it to the notice of the court and you can also file a complaint against the advocate before the bar council.
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Jamai Of Law (propra)     17 October 2010

@ Adv. rajoo ji, Intension is just to bring it to the notice of the Hon. Court formally. As you said in the second line......The lawyer can (but may not want to) also file a complaint against the advocate before the bar council. After bringing it to the notice of the hon. court, what if the hon. court gives directions for action before bar council etc....That is the dilemma.

Sakshi Sakshi (Self employed)     17 October 2010

Jamai

 

The lawyer (or you! or whoever) having this dilemma!!!...  is either an incredible idiot!! or really incredible to rake up actually a very grave subject often swept under the carpet.

 

Don't mind !!    :)

 

I also look at such forums as a way... to know things which I missed to ask during my earlier career days and now shying to ask openly after these many years!!   :)

 

Wud u serve to explain?

 

who Vs. who?  If at all...the Hon. Court orders for further enquiry then it becomes a matter between...

 

Judiciary (as one of machinery of State) Vs.  Whoever commited contempt (lawyer)

 

Why shud anybody else have dilemma? 

 

Haven't I confused you enough? Let me know otherwise.

 

Ask that 'pro say' gent. to mind his own 'domain' and save his A**.

 

He must be a Soft/IT guy.

Blame the Internet.

Internet has created a 'breed of self-proclaimed' legal Lieutenants!! 

 

He might be under illusion to get some respite to 'his cases' by stirring all this nonsense.

Jamai Of Law (propra)     18 October 2010

@ Sakshi ji,

I always try to ignore harsh remarks.

 

But that gives the answer also. The mere act of just 'asking such a question' is being treated with such a harshness, then then why to blame if such  things get swept under the carpet....

 

In regards 'who Vs who'  question (is it your question or answer?) ...............

 

I understand from your text as follows..............

 

It's become a question of             Judiciary/Govt Vs. lawyer (whether is it a civil or criminal contempt)

 

Are you saying that................ Hon. Court shud make order to  the Govt/Public prosecutor to initiate contempt proceedings against the guilty?

 

And Hon. Court can not  make any orders to 'pro say' guy to file complaint at the Bar Council, for the reason that  it is not the 'pro say' guy who is got insulted/dishonoured but......

 

it is the judiciary which is dishonoured by the layer. 

 

and hence it goes out of the purview of originally complaining party.

 

And the suit of 'pro say' is separate and totally unrelated to this new controversy between judiciary Vs. lawyer.

 

Reason that...contempt has happened against a state/govt institution/Judiciary, by the lawyer.

valentine (Advocate)     29 October 2010

The law of contempt is not well-understood even by judges. It is quite funny that the court whose order has been dishonoured or disobeyed cannot take action or initiate contempt proceedings. The lawyer has to make application to the higher forum! 

In one of my case when the interim order was disobeyed, I apply to the trial court to initiate contempt proceedings against the erring opponent. However, the Hon. court reprimanded me and warned me for raising such an application and burdening the court unnecessarily and pressuring the court. I was under the threat that contempt proceedings might be taken against me. It's really funny and needs amendment.

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