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 19 Replies

Rajendran Nallusamy (Advocate)     20 February 2009

 Contempt is nothing but lowering down prestige of the court. Basically essense of respect towards court is the object behind contempt of courts Act. Contempt is defined under sec.2 of the Contempt of Courts Act 1971.


Contempts are of two kinds viz. Civil and Criminal.


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.


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; scandalises, prejudices or interferes the administration of justice in any other manner. (For better clarification one has to refer the provisios of Section 2 of the Contempt of cours Act.

AEJAZ AHMED (Legal Consultant/Lawyer)     20 February 2009

Well replied by Rajendran,


Am also adding some more to his reply:


 



CONTEMPT OF COURT : -


Contempt of court is a charge which can be laid against someone for interrupting the process of justice in a court of law. A charge of contempt, if proved, can result in fines and jail time. Many people are familiar with the concept of contempt of court, since it tends to come up in courtroom dramas.


There are several different forms of contempt of court. In all cases, they are rooted in the idea that a courtroom and its officers demand respect, both out of common decency and because a court acts as a legal authority. Failure to respect the court can compromise the course of justice, potentially causing a mistrial or compromising the integrity of a trial. As a result, contempt is treated very seriously.


CIVIL CONTEMPT : -


Civil contempt of court involves a failure to obey an order from a court. It can be purged by obeying the order. For example, someone may speak out of turn in a courtroom during trial proceedings, disrespecting the basic rules of the courtroom. The judge can indicate that he or she will find the speaker in contempt of court unless the speaker sits down and remains silent until it is appropriate to talk. Or a witness could fail to answer a question, in which case the judge will instruct him or her to answer or be held in contempt of court/


CRIMINAL CONTEMPT :-


Criminal contempt of court actually hinders the operations of the court. Examples of criminal contempt include a failure to produce evidence when subpoenaed, or threats to the judge, jury, or lawyers. Someone who yells at the judge, for example, could find him or herself accused of contempt of court.


Contempt of court is also broken up into direct contempt, which takes place in front of a judge, and indirect contempt. In order to prove a charge of contempt of court, it must be proved that the contemnor was aware of the court order or rule which was violated, that he or she was able to comply with the order, and that the contemnor failed to do so. If proved, the sentence for contempt varies, depending on the severity of the crime.


As a general rule, you will not be at risk of being charged with contempt of court if you behave courteously in a courtroom, complying with all orders from court officials.  


N.K.Assumi (Advocate)     20 February 2009

As per section 2 of the Contemp of Court Act 1971, a.Contempt of Court means Civil contemp or Criminal Contempt.b. Civil Contempt means wilful disobedience to any judgment,direction,order,writ or other process of a court or wilful breach of an undertaking given to court. c. Criminal contempt means the publication (whethet) by words, spoken or written or by signs, or by visible representatioedings.n or (otherwise) of any matter or the doing of any other act whatsoever which 1.scandalise or tends to scandalise,or lower or tends to lower the authority of any court or ii.prejudice or interferes or tends to interfere with the due course of any judicial proceedings or iii.interferes or tends to interfere with or obstruct or tends to obstruct the administration of justice in any other manner.

PALNITKAR V.V. (Lawyer)     20 February 2009

As usual Mr. Aejaz has come out with a very good information. Kudos to him.

AEJAZ AHMED (Legal Consultant/Lawyer)     20 February 2009


(Guest)

NANDKUMAR B. SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE


MOBILE.09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


WITH REFERENCE TO QUESTION ABOUT CONTEMPT OF COURT KINDLY NOTE THAT.


1KINDLY REFER CONTEMPT OF COURTS ACT 1975


2.IN BRIEF CONTEMPT OF COURT    MEANS IF ANYONE IS DISOBEYING THE COURT ORDERS AND DOES ANY THING CONTRARY TO THE COURT ORDERS  THEN  IT AMOUNTS TO CONTEMPT OF COURT. AND  A PETITION FOR CONTEMPT OF COURT CAN BE FILED IN THE COURT .STAMPS ARE EXEMPT IN CASE OF CONTEMPT OF COURT.


3 .IT IS CLASSIFIED AS CIVIL  AND CRIMINAL CONTEMPT.


4 ANY CONTEMPT OF COURT  EVEN IF IT IS A CONTEMPT OF LOWER COURT STILL IT IS JUST AS IF A CONTEMPT OF HONOURABLE HIGH COURT AND  CONTEMPT OF COURT  ACTION CAN BE TAKEN  EITHER BY THE COURT  WHOSE ORDERS WERE NOT OBEYED OR EVEN BY THE HONOURABLE HIGH COURT.


THERE IS PROVISION FOR PUNISHMENT AND FINE.


KINDLY SEND DETAILS IF ANY FURTHER HELP IS REQUIRED.


WITH BEST REGARDS


THANKING YOU


NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI), ADVOCATE


 

Ravi Arora (Advocate)     21 February 2009

well said brother Aejaz n Rajendran

pramod malhotra (buisness)     09 March 2009

please also elaborate on the contempt of court by the presiding officer or judge

adv. rajeev ( rajoo ) (practicing advocate)     10 March 2009

when court orders are violated it amounts to contempt of court. this is simple ans.  for eg., A is ordered not to obstruct the B, but A obstructs the B by violating the court order, it amounts to contempt of court

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

Md. Ahjaz Ahmed rightly said.

sivani (engineer)     24 August 2010

Can someone give the application format for contempt of court for not obeying orders

Mangesh Mane (Engineer)     24 August 2010

If Opposite Party not apearing/absent for the heirings, whether it is contempt of court? & what action court can take on this situation?

Haresh Parmar (MANAGER (LEGAL & HR))     06 December 2010

Dear Seniors,

If the High Court passed order in the name of the Company for submit bank securities/ deposit money and the company not deposit the amount within stipulated time,

In above case, the directors of the Company are responsbile for comply such order and they have liable to intiate action under contempt Act. 

 


(Guest)

yes.  Non compliance of order amount to contempt of court.  For which the court will take action suo motto(itself) take action or on the application of the party 


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