Legal opinion on court oder and contempt

In my opinion you may give notice to the deptt.to impliment the order,and then if they do not do so,you file the execution petition.

 You should give 80CPC Notice to the Authority & wait for Two months and then file case in the proper Court.

You can do as suggested by Mr. Niranjan or you can file a querry under RTI Act on status of implementation of the court order (why that's getting delayed?).  The reply or non-reply will bind them further and thereafter you can think of other possibilities.

(1) If a court passes an order in your favour, you should first procure a certified copy of the same and send it to your opposite party with a covering letter by Regd. Post Ack. Due notifying the same and ask it to implement the Order.

(2) You may have wait for their acknowledgment card. Keep it safely stapled with your copy of the covering letter for future reference.

(3) Then, you have to keep an eye on the opposite party if it is preferring an appeal within a stipulated time limit (say 30/60/90 days as the case may be) and till such you cannot compel the opposite party to obey the Court's Order and act upon it.

(4) Only after the statutory time-limit for Appeal is over, then only you can send a Contempt Notice finally warning the opposite party and if it is still not implemented, then you proceed to file Contempt Petition.

(5) The Contempt Notice should be strongly drafted in such a way that it shall ventilate your grievances even after obtaining Court's Order in your favour but not followed it by the opposite party.

(6) You shall not forget to include words such as "wilful disobedience", "contumacious", etc., and you shall also properly the financial / mental agony you are suffering on account of the wilful default/disobedience committed by the opposite party.

(7) Only when your Contempt notice is strong, the Petition following it will be merely mechanical and may not serve the useful purpose or attribute any wrongful act or negligent act of the opposite party.

In point 7, please read "unless your Contempt notice...." instead of "only when......"

1. If no time frame is stated in an order for its compliance, there is no time limit for its implementation. However, the law of limitation fixes maximum time limit within which an order (or decree) may be got executed.

2. Contempt of court proceedings can be initiated only if the court passing an order is a court of record. Otherwise there cannot be contempt of court. However, the court (other than a court of record) may take penal action for disobedience of its orders and may get the order implemented.

3. It depends in the facts and circumstances of each case to prove the delay on the part of the opposite party despite pretension of processing.

4. The court may be requested for execution/implementation of its orders and it is for the court to fix time limit for the Judgment debtor to comply with the order.

You may in consultation with your advocate think about filing a Writ Petition seeking appropriate Writ for compliance, if there is no other remedy available.