Contempt of court
JM
(Querist) 21 September 2012
This query is : Resolved
If High Court has quashed false 498a against one respondent citing incident that mentions them to be malafide, can the same respondent be mentioned in the exact same incident in another case running in the Family Court in an I.A.? Does this not amount to contempt of court?
The IA was filed after the quash decision and the judgment is also attached to the IA.
Another person has also been added to the same incident in the IA as well.
Guest
(Expert) 21 September 2012
This does not amount to contempt of court as the HC order has not been violated. '
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
JM
(Querist) 21 September 2012
Thank you. There must be some legal term, then, that prevents litigants from reagitating incidents that have already been settled as bogus. Something on the lines of Res judicata or Estoppel but pertaining to just one incident?
JANAK RAJ VATSA
(Expert) 21 September 2012
contempt case cannot be made out.
R.K Nanda
(Expert) 21 September 2012
no, it is not contempt of court.
Guest
(Expert) 21 September 2012
Res Judicata is also not made out.
V R SHROFF
(Expert) 21 September 2012
no Court contempt.
But it will support ur defence in fly ct.
