contempt of court
SHIESTA007
(Querist) 04 September 2010
This query is : Resolved
During the pendency of Writ petitions there has been fradulent sale transactions.
1] 17th April 2010, the notices were issued to the respondents.
2] 22nd May 2010, there has been hurriedly and cunningly the sale deed was executed by the respondent, who was the contesting party to the case.
3] 24th May and 25th May there was an interim order of staying the proceedings of lower court. Even at this time the respondent did not utter the word that he has sold the subject property which is running in the court.
4] 17th June 2010, the court made final orders and even at this time the respondent hid the facts that he has sold the suit property.
Can we initiate Contempt of Court against the respondents for suppressing the material facts of the case during the pendency of writ?
Devajyoti Barman
(Expert) 04 September 2010
Had the transfer made in violation of any order of restraint in this regard? Mere transfer of suit property during the pendency of the suit does not attract the provision of contempt of court though the principle of lis pendence applies.
pravir singh
(Expert) 04 September 2010
you can not file a contempt of court against the respondents because the no stay order to restrain the sell of suit property passed but you cane take benefit of section 52 transfer of property act
s.subramanian
(Expert) 04 September 2010
Yes. I fully endorse the above views.
Kiran Kumar
(Expert) 05 September 2010
rule of lis pendes applies as advised above but not contempt of court proceedings to follow unless and until there was interim order by the concerned court.
