Contempt petition - where to file
sunil
(Querist) 02 January 2018
This query is : Resolved
Respected Panelists,
Question 1: Where to file Contempt of Court petition?
Question 2: Under which section?
Question 3: What other remedies available to plaintiff to save the suit from getting entangled by 3rd parties and delay tactic by the defendant?
Short detail of the case as under:
Year 2015 - In a Title Suit, Permanent Injunction has be awarded in favour of Plaintiff and subsequently u/Order 40 Rule 1 also allowed as per the petition moved by plaintiff and Ld Court appoints a receiver.
Nov/Dec Year 2017 - Some 3rd parties files a petition U/O 39 R 1 & 2 and gets a favorable ad-interim injunction from the same Bench / Ld Court. (Note: In their petition they haven't disclosed the on-going permanent injunction for the scheduled premises where they have claimed their tenancy rights.)
Defendant has given possession to others when the Permanent Injunction is in effect can be derived by the petitions filed by said 3rd parties.
In the mean time Defendant moves to High Court challenging the Ld Court order in connection with remuneration to the Receive. Defendant's motive is to delay the proceedings in the lower court and entangle the cases to frustrate the relief to plaintiff.
What remedies are available to plaintiff so that he can enjoy his due rights as per the injunction order and Ld Receiver can also perform his duty as per Ld Court's order.
PLEASE Guide.
Rgd
from Kolkata
(Note: also looking for a lawyer to handle the case)
Sankaranarayanan
(Expert) 02 January 2018
Civil Contempt
Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or another process of a court or wilful breach of an undertaking given to a court.
Criminal Contempt
Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever
Ms.Usha Kapoor
(Expert) 03 January 2018
A contempt petition has to be filed in High court including contempt of subordinate courts..
In India contempt of court is of two types:
Civil contempt: Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as 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: Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:
Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or
Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
"High Court" means the high court for a state or a union territory and includes the court of the judicial commissioner in any union territory.
Punishment
6 (six) months, or fine up to ₹2000 or both
sunil
(Querist) 03 January 2018
Respected Panelist,
Thanks for advice on query No 1 and 2.
Shall be grateful if you please guide on Query No 3 also.
BTW: to add more on the development - The Ld. High Court has "released" the petition from his court with a verbal remark that there is nothing wrong in the Ld lower Court's order asking for 50% by Plaintiff and 50% payment by Defendant to the Ld. Receiver.
What would be the effect of the said "Release" by the Ld. High Court on the case running in the lower court?
Thanks.
Kumar Doab
(Expert) 03 January 2018
You may discuss in person with LCI Expert Mr. Devajyoti Barman.
He is from location posted by you.
Kumar Doab
(Expert) 03 January 2018
Ignore IT=@PSD that loiter at LCI fro multiple fake ID's many of which have been blocked/blacklisted/shunted out and has been stalking unsuspecting querists, members, Experts, LCI Admin................ and to allure unsuspecting querists!
