Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Denny (Manager)     08 October 2009

Is there is time limit to file a contempt of court case ?

The Hon'ble High Court of Kerala judgment was 2001, direct the panchayat to take action with in 6weeks from the receipt of the copy of the judgment.Now the judgment was 8years old , so can we file a contempt of court case against the panchayat?If there is time limt to file a contempt of court case please reply to me the maximum time limit to file a contempt of court case?


Learning

 4 Replies

A V Vishal (Advocate)     08 October 2009

The Limitation period for actions of contempt has been discussed under Section 20 of the Contempt of Courts Act of 1971 and is a period of one year from the date on which the contempt is alleged to have been committed.

S.20.       Limitation for actions for contempt
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.
Sec. 20 has no application where the contempt is a continuing wrong.—Firm Ganpat Ram Rajkumar v. Kalu Ram AIR 1989 SC 2285
 Sec. 20 does not derogate from the power vested in every High Court under art. 215 of the Constitution.—High Court of Karnataka v. Y.K. Subanna 1990 Cr LJ 1159

 

Adinath@Avinash Patil (advocate)     13 October 2009

CONTEMPT OF COURTS ACT SS 2[B]AND20---
CONTINUING CONTEMPT--PETITION FILED ON 4TH JULY 2002 ALLEGING THAT THE DEFENDANTS HAVE CREATED THIRD PARTY INTEREST IN SUIT PREMISES IN BRACH OF INJUNCTION GRNTED BY COURT ON 24 TH JUNE 1993- PETITIONER IN AFFIDAVIT FILED BEFORE SMALL CAUSES COURT ON 13 TH DECEMBER,2000 DEPOSED ABOUT THEIR KNOWLEDGE ABOUT THE CREATION OF THE THIRD PARTY INTEREST-HELD, THE ACT IS COMPLETED BY THE DEFENDANTS AND IS NOT A CONTINUING WRONG--LIMITATION WOULD HAVE TO BE RECKONED FROM THE DATE OF KNOLEDGE ACQUIRED BY THE PETITIONER IN RELATION TO EXISTENCE OF THAT FACT --PETITION IS TIME BARRED BY LIMITATION.
MAHENDRA BUILDERS V/S PARVEZ GHASWALA AND OTHERS.
CONTEMPT PETITION 282/2002 DECIDED ON 31/03/2006[BOMBAY]
MAHARASHTRA LAW JURNOL 2006[3]668.

Sanjeev Kuchhal (Publishers)     24 October 2009

Contempt proceedings _ Breach of status quo Order _ Plaintiffs failed to bring notice of the Court the alleged breach for a period of more than one year from date of their knowledge _ No proceedings initiated by them except for striking of the defence of the Plaintiffs _ Limitation not to run from the date the contempt brought to the knowledge of the Court _ Limitation as applicable in cases of criminal contempt applies in identical terms to civil contempt as well _ Action of issuing suo-motu notice not within a period of one year from the date on which the contempt is alleged to have been committed _ Show cause notice issued after expiry of the limitation period prescribed in Section 20 of Contempt of Courts Act cannot be proceeded with _ Show cause notice issued to the plaintiffs discharged. Smt.Rupali Shah & anr. Vs. Munesh Ralhan @ Ricky Ralhan & anr. SHOW CAUSE NOTICE NO.1373 OF 2008 (2-2-2009) (S.J. KATHAWALLA, J.) 2009 (6) LJSOFT 88

 

dhiraj choudhary (n/a)     22 November 2009

in short one year


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register