Is reply to opponent mandatory in court's contempt notice?

contempt of court Act 1971 is a special jurisdiction.procedural lawadvocates and while following the general principle it is a settled law that no judgment could be pronounced  without giving the opportunity of being heard.moreover it is also directory in the domain of procedural law.oral submission of contemnor is even enough unless specifically directed by the court to file a/o if any.

A files contempt on B. Court issues notice. B does not give reply. B does not file reply with court registry though he has 40 days. B's so called reply is illegal (mandatory rules of reply violated) and contains MISREPRESENTATION of facts.

Questions are: 

1). Is B right in not giving reply to A?

2). Is B right in not having filed reply in court registry?

3). Is B's reply right despite it being full of illegalities?

4). Is B's reply right even if has lies?

5). As A does not even have reply, can A detect major lies, misrepresentations etc?

6). Is such a trial fair as is defined in constitution of India?

7). What is the remedial measure if such a thing has happened, where court has been told lies on oath and one sided order has been taken by hook or crook?

contempt of court is between the the court and contempnor.repeated justification of not complying with the orders of court is also a n act of contempt .petitioner prayer shall be only to punish the contempnor.it must be wilful disregard to the solemn orders passed by the court.slp does not lie againct the order passed in contempt jurusdiction for the petitionersince it is not a decree.contemnor can prefer appeal against punishment.

if the honble court failed to enforce compliance  the petitioner can prefer article 32 of constitution.that may happen in rarest case.

Court has 4 constituents: 1). The Judge/s. 2) Side-A. 3). Side-B. 4). Rules. – Justice involves synergy of all these constituents.

Thus stages for decision in a contempt case are: a) Contempt application, b) Court’s notice, c) Reply in accordance with law (i.e. serve copy to other party, file reply in registry with proof of service). d) Arguments. e) Final hearing. f) Order.

No stage can be bypassed in a fair trial.

If stage C,D, E is bypassed and F occurs, it results in unfair trial. Opposite side can tell lies, violate laws, violate other side's rights and get away. Court will pronounce a wrong order.

It should be noted that it costs immensely to bring a case to this stage. Court should its rules impartially to all people at all times. If it does not do its duties, it causes injustice to one of the sides. If injustice happens due to court, then very purpose of approaching a court is defeated.

How to get this rectified in High court?

NOTICE TO THE PARTY IS ESSENTIAL, AFTER NOTICE IT IS HIS LIBERTY WHETHER HE WILL REPLY OR NOT.

if he does not reply, it will go for ex party. before exparty, some more time given to the party to facilitate, the excuse - if any,

it is reasonable.

Well it is upto side-B to reply or not.

But, if it replies, is it not mandatory for side -B to give reply to side-A well before the court proceedings?

If this is not done:

1. Side-A will never know what is contended in the reply.

2. Lies can be told, rules can be violated/bypassed and it will never be detected. Order will be pronounced on these illegalities.

Will it be fair trial as is guaranteed in constitution?

Well it is upto side-B to reply or not.

But, if it replies, is it not mandatory for side -B to give reply to side-A well before the court proceedings?

If this is not done:

1. Side-A will never know what is contended in the reply.

2. Lies can be told, rules can be violated/bypassed and it will never be detected. Order will be pronounced on these illegalities.

Will it be fair trial as is guaranteed in constitution?

if the party reply to the court, the other party will get a copy.

he will get it under sign and signature for the purpose of record of the court. 

therefore as you told, - Side-A will never know what is contended in the reply - this is worng.

but sometimes advocate of the your party, may suppress the fact from you.

to counter it, you use the weapon of ' your inspection right'

with another lawyer, in absense of your lawyer, inspect your file, in any working days.

in the presence of the court person, you will see the file of you.

Lies can be told, rules can be violated/bypassed and it will never be detected. Order will be pronounced on these illegalities.

---   not that. you attend the court regularly.

you will get all informations. it is your right. you try to apply your rights. if find difficulties, discuss it in the thread.

To: Sh. Arup

Dear Sir,

Two of your IF and one of your assumptive statements pose the real problem:

1.       “if the party reply to the court, the other party will get a copy. he will get it under sign and signature for the purpose of record of the court”.

2.      “but sometimes advocate of the your party, may suppress the fact from you”.

3.       “not that. you attend the court regularly”.

Facts are:

1.1). I am fighting the case IN PERSON.

1.2). The other party never gave the reply and I testify to that.

1.3). I have not only attended court on all the days, but have spent hours together on its premises like an unattended vampire. I interact with some wiling helpful people if they volunteer to talk to me, understand my problem and help with useful suggestions.

I want to tell you that I have used my right and have inspected the case file in the presence of court official.

Please rest assured that I have documented only what I am sure. I vouch following:

1.      Reply has not been given to me.

2.      Affidavit filed contains bold lies.

I need your help now Sir.

A.    What should I do regards not having got the reply and the order being pronounced based on lies?

B.     What should I do regards the illegal affidavit? – How should I invoke ‘Perjury’ in a writ. Where should it be raised: In High Court in a writ or as a part of a bigger writ with other aspects of writ? OR Should it be filed in district court/police?

Regards,

P. Suresh

1.      Reply has not been given to me.

---   you want to say that though the replies given by the oponent, but it's copy not given to you, is it?

if so, raise the matter before the judge, and demand for the copy.

rest after gettig your answer.

A.    What should I do regards not having got the reply and the order being pronounced based on lies?

B.     What should I do regards the illegal affidavit? – How should I invoke ‘Perjury’ in a writ. Where should it be raised: In High Court in a writ or as a part of a bigger writ with other aspects of writ? OR Should it be filed in district court/police?

---   raise the matter before the judge, and demand for the copy.

post your answer on it.