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prem kumar (business)     13 September 2015

Party appearance and non bailable warrant recall

Petitioner filed in High court under section 11 and 12 of the (civil) contempt of the court act 1971 against a partnership firm for disobeying the order of High court. In this case, two number of accused filed their vakkalat. One of the accused and council failed to appear before the court. Even though accused council already on record,Soon High court issued a Non bailable warrant on failed accused.To recall the NBW, high court says party appearance is must. As per the law, no provision (failed accused)to appear before the court. So please send citation of supreme court and High court not to appear accused for recalling the non bailable warrant if any. The failed accused already admitted in hospital and reports are submitted for the same. But judge is not accepting. So i need help in this. Please reply



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 2 Replies

advocatepassy@gmail.com 971794 (Advocate)     15 September 2015

Agrees with Mr Reddy

T. Kalaiselvan, Advocate (Advocate)     21 September 2015

Some old judgments exempting the accused to be present physically before the court while recalling warrant has been superseded and the latest judgments require the presence of accused, the the accused is to be surrendered first while submitting recall application and then only the petition for recall are being considered. 


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