Jurisdiction of Lower Courts
Ch. Sujatha
(Querist) 28 October 2008
This query is : Resolved
Respected Seniors,
Whether the Lower Courts can adjudicate the Petitions filed under the Provisions of the Contempt Of Courts Act or not?
Thanking You Sir.
Sreedhar Valiveti
(Expert) 28 October 2008
NO, Lower Courts are not empowered to adjudicate such kind of petitions.
Ch. Sujatha
(Querist) 29 October 2008
Dear Sir/Medam,
Under which provision the Contempt of Courts Act curtailed the jurisdiction of the lower courts to entertain the petitions under the said act by the lower courts.
Thanking You Sir.
anonymus
(Expert) 29 October 2008
NO. ONLY THE COURTS OF RECORD VIZ HIGH COURTS AND SUPREMECOURT ALONE HAVE POWER TO PUNISH FOR CONTEMT OF COURTS. THE PETITION TO PUNISH FOR CONTEMPT FOR COURT IF FILED BEFORE THE LOWER COURTS IS NOT MAINTAINABLE. SINCE THERE ARE SUFFICIENT PROVISION UNDER CPC AND IPC FOR PUNISHING THE PERSONS WHO VIOLATE COURT ORDERS AND WHO MISBEHAVE IN COURT SEE 228 IPC.
PLS REFER:(2008) 4 MLJ 446 (BMM) All India Anna Dravida Munnetra Kazhagam, rep. by its General Secretary, Selvi. J. Jayalalithaa, Chennai versus M. P. Chinnadurai and Others
AND ALSO (1998) 1 MLJ (Crl) 217 (AP)
S. Suryaprakash Rao and another versus Presiding Officer, Family Court, Secunderabad and others
K.C.Suresh
(Expert) 30 October 2008
Q:- Whether the Lower Courts can adjudicate the Petitions filed under the Provisions of the Contempt Of Courts Act or not?
A:- NO
ARVIND JAIN
(Expert) 30 October 2008
mr. Kiran Kumar
(No proceedings under Contempt of Courts Act are not maintainable in lower courts but the matter is to be reffered to the High Court.
civil courts can only hear contempt petitions if there is a violation of orders under O. 39 R 1 and 2, i.e. the stay orders.)
Either use No or not.Both cant go together.pl.
G. ARAVINTHAN
(Expert) 01 November 2008
Civil Court have no jurisdiction to entertain the Contempt cases. The only remedy is with the High Court. The trial courts have power to punish the persons violating the orders of injunction or stay granted by the same court
