Notice period for filing contempt
mahendrakumar
(Querist) 12 March 2017
This query is : Resolved
is it necessary to give a legal notice under cpc80,before filing a contempt petition against govt of india,for not implementing an order/judgment of SC.
or we can straight away file the contempt.In a judgment of pension matters of exserviceman,the court ordered the implementation with in 90 days. The period of 90 days is over as on 31 jan 2017.
R.K Nanda
(Expert) 12 March 2017
not necessary.
Ms.Usha Kapoor
(Expert) 13 March 2017
AGREE WITH RK NANDA and Madam Goyal.
Dr J C Vashista
(Expert) 13 March 2017
I respectfully disagree with experts, it is compulsory to serve a legal notice before filing "contempt case" against a government servant (individually) for willful disobedience of the order(s) passed by a competent Court of law.
Guest
(Expert) 13 March 2017
I may have to differ with the opinion of Dr. J C Vashista with the reason that I do not consider contempt case as an original suit against the Government, rather that is an intimation for the awareness of the competent court in the shape of a plaint about non-adherence of the verdict of the court for issuing further direction to get the order of the court executed or punish the concerned authorities, if necessary.
Moreover Section 80(2) takes due care of the provisions by giving discretion to the competent court to grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit.
So, I do not find any reason to compulsorily serve a notice under CPC 80 before filing an application of contempt of court.
However, notice, if issued can serve as reminder to the concerned authorities to be aware of the consequences of non-adherence of the orders of the court, if any lapse existed on their part. That can help saving undue cost and time in litigation some times, if authorities act prudently by shunning their egoistic attitude.
R.K Nanda
(Expert) 13 March 2017
i agree with Dhingraji.
Guest
(Expert) 13 March 2017
Nanda ji,
Thanks for agreeing with me.
Guest
(Expert) 13 March 2017
Respected Mr.P.S.Dhingra Ji Please Refer the Post titled "Justice Karnan" Illegally and Immorally Addressed by One Kumar Doab an Anonymous Person and Please Post your Valuable Advise.
Guest
(Expert) 13 March 2017
Dear NJS Rajkumar,
What can be done, when the self acclaimed Shri/Sir Doab has lost all his senses.
Rajendra K Goyal
(Expert) 13 March 2017
Expert Ms.Usha Kapoor,
Please use Mr. while addressing as you have been doing previously.
Guest
(Expert) 14 March 2017
Madam RK Goyal should Post her Profile which is not done for 5 years
mahendrakumar
(Querist) 14 March 2017
Thanks Dhingraji for an elaborate reply.
we had sent a legal notice giving 15 days time to comply with the sc order.
we intend to go ahead with the execution petition as well as contempt,there after
Dr J C Vashista
(Expert) 14 March 2017
I partially agree with the expert opinion of Mr. PS Dhingra to the extent that legal notice is an intimation to the concerned official for willful disobedience of the orders/directions passed by Competent Court.
Whereas, initiation of contempt against the official in individual capacity under the provisions of Section 11 and 12 of the Contempt of Courts Act do envisage that the concerned person (official) responsible to implement the directions/orders passed by the Competent Court have not been implemented and the Court (on application u/s 11 & 12 of the CC Act) shall issue notice to the person (official) in individual capacity.
The legal notice (before initiation of contempt proceedings) shall form part of the application u/s 11 & 12 of the Contempt of Courts Act, which shall be considered very similar to that of the original suit against the government u/s 80(c) CPC.
Guest
(Expert) 14 March 2017
Dear Mahendra Kumar,
Your notice for 15 days is quite infructuous, rather that can benefit the opposite party to get your petition quashed. If you have already issued notice under CPC 80, you must observe the provisions of the Limitation Act.
mahendrakumar
(Querist) 14 March 2017
a simple notice with out mentioning cpc or its section was already sent.
Could u please clarify as to how this notice would be infructuous?
Guest
(Expert) 14 March 2017
Irrespective of any mention or not, any notice to Government authorities on any legal issue is deemed to be a notice under CPC 80.
Guest
(Expert) 14 March 2017
Agreed with Senior Advocate/Senior Expert Mr.P.S.Dhingra Ji
Adv. Yogen Kakade
(Expert) 14 March 2017
I totally agree with Mr. Dhingra.. nothing more to add.
Guest
(Expert) 14 March 2017
Dear Shri NJS Rajkumar,
Thanks for agreeing with me.
Guest
(Expert) 14 March 2017
Dear Shri Yogen Kakde,
Thanks for agreeing with me.
