soubam nongpoknganba (advocate) 16 February 2011
Dear net mates, the order whihc has been sought to be enforced through contept proceedings was passed in 2000. But since appeal was filed against it, the contempt proceedings was not taken up though there was no stay granted and the appeal has been disposed recently upholding the said order. Can I file contempt petition to enforce the said order. Will S. 20 of the Contempts of Courts Act shall come in my way ? I need very very immediate help.
Ambika Prasad Mishra (Lawyer) 16 February 2011
Sir, doctrine of merger will come into play in your case. As per the doctrine the Order of the subordinate court merges with the order of the Appellate Court. The day appellate court upheld the order of the sub-ordinate court the order of the sub-ordinate court merged with the the order of the appellate court. Therefore the limitation for institution of contempt proceeding would start to run from the day of the pronouncement of the order by the Appellate court.
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