contemptuous action of lower court
suman negi
(Querist) 06 December 2014
This query is : Resolved
In a trial court after the reader came to know that I am appearing in the supreme court of india he scheduled the same date for hearing (apparently under I fluence of other party) , despite the matter having been brought to the notice of the concerned judge the dates were not rescheduled. The inference drawn led to the promugation of orders, kindly let me know whether contempt of court has taken place, whether orders passed subsequently based on one sided hearing is regarded as ex parte order.
Devajyoti Barman
(Expert) 06 December 2014
Unless the stay order is granted, the lower court is not bound to stall the proceeding, least any act of contempt is occurred.
First obtain stay order from the SC and then submit it in trial court.
It would attract contempt only if it refuses to comply with it thereafter.
Rajendra K Goyal
(Expert) 06 December 2014
Without stay from higher court continuing of the proceedings is regular.
ajay sethi
(Expert) 06 December 2014
no contempt of court has taken place .if it was not possible to appear on said date alternative arrangements could have been made so that another advocate could appear
R.K Nanda
(Expert) 06 December 2014
it is not contempt of court.
