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yogesh (will tell you later)     15 October 2009

Whether following called as Contempt of court??

If Hon’ble judge turned down the request of the petitioner for filing the Written Arguments and if the party files the same . Is it not the contempt of the court???



Learning

 6 Replies

aruntrivedi (lawyer)     15 October 2009

anything whatsoever not following or complying Court's Order of Instructions amounts to be contempt of court.

Kiran Kumar (Lawyer)     15 October 2009

Not at all Yogesh Ji, its not a contempt of court, you have just availed your right, the judge may not read those papers but can not held you guilty of contempt of court.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     15 October 2009

NO,U CAN SUBMIT THE WRITTEN ARGUMENTS  .the provision of sec. 313 amended Cr.P.C 2008 provides for written arguments,but still it has to be notified by MOL.

 
 

Amardeep Srivastava (Senior Law Officer)     15 October 2009

Dear Yogesh,

Court cannot restrain a party from filing something. However, they may not take it on record if proper justification is not there for the same. Moreover arguments, whether in writing or oral, is only a presentation of the case of a party which is based on pleadings on record. This is a right of the  party and cannot be denied. There cannot be a written formal order by the court restraining a petitioner from filing written arguments. This kind of instance cannot amount to contempt.

Regards

Amardeep


(Guest)

Sh. Reddy ji,

With permission it is filed Under S. 314 CrPC.

Rgds,
D. Arun Kumar, New Delhi

Anil Agrawal (Retired)     19 October 2009

 The point is can a court reject any written application/statement and not keep it on record whether action is taken or not is altogether a different matter.


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