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???
yogesh (will tell you later) 15 October 2009
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???
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.
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 15 October 2009
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
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.