Contempt of court


sir, I was involved in a case regarding making permanent employee in an organization . The supreme court and high court gave the decision in my favor but the oroganisation is not following the court order and not issuing me my appointment order . pl tell me where to file contempt of court whether at high court or at supreme court . and what is the time period for filling contempt of court..
 
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Originally posted by : sunil
sir, I was involved in a case regarding making permanent employee in an organization . The supreme court and high court gave the decision in my favor but the oroganisation is not following the court order and not issuing me my appointment order . pl tell me where to file contempt of court whether at high court or at supreme court . and what is the time period for filling contempt of court..

 

There are two aspects of the matter.One law of limitation and another unjustified delay in approaching court.Under law of Limitation as provided in the Act, contempt petition can be filed within one year from the date of occurrence or commission of contempt and another aspect is that why petition is not filed as soon as contempt is committed within reasonable period.

 

Under Section 20 of the Contempt of Courts Act,1971, no court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

Section 20 of the Contempt of Courts Act does not provide a period of limitation but lays down a condition as a pre-requisite to the exercise of the Courts power under the said Act.

Dineshbhai A.Parikh Vs.Kirpalu Co.Operative Housing Society, AIR 1980 :- Section 20 of the Contempt of Courts Act places an absolute fetter on the power of the Court to initiate proceedings for contempt after the expiry of 1 year from the day on which Contempt is alleged to have been committed.

Section 5 of the Limitation Act would be applicable to cases arising out of Contempt of Courts Act,1971. An delay of more then one year may be condoned by the court if reasonable grounds for delay exists.

 

 

 
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