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prof s c pratihar (medical practitioner &legal studies)     19 March 2010

Or 39 R2A of CPC akin to cont of court 1971

sirs, or 39 r 2A of cpc akin topunish for civil contempt under contempt of court act1971.interpretation of an order  passed can it be violated  in any circumstances  with the scope and ambit of provisions aforesaid?it is an academic as well as practical.can you give any citation? tnks



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 4 Replies

Swami Sadashiva Brahmendra Sar (Nil)     19 March 2010

Dear sir,

Order 39 R 2-A is of the Code of Civil Procedure  and not of Contempt of courts Act. Scope of both Statutes are diferent.

Swami Sadashiva Brahmendra Sar (Nil)     19 March 2010

Contempt of Courts Act is applied by the  High Courts and the Supreme Court who are court of records and have power to punish for their contempt or for contempt of subordinate courts by virtue of their inherent and  constitutional power. This power of Court of Records can not be taken away by  legislature. Order 39 R 2-A  of CPC confers power on all  courts to punish for disobedience of their order granting interim injunction, and it is simple statutory power which can be taken away by the legislature or even by the High Courts by amendment in CPC.

By the High Court amendments , provisions of Order 39 R 2-A can be diferent for  subordinate courts of diferent States.

Gundlapallis (Advocate)     20 March 2010

Dr. Tripathi - well explained.

Raghav Sood (Lawyer)     21 March 2010

Well just need to add caveat to the explanantion regarding Contempt of Court and 39 Rule 2A

well the contempt of Court can also be initiated by the same court if it is civil in nature likewise if person given an under taking and breach oundertaking by the person can attract Sec 12 of Contempt of Court Act and the same can be tried by the Court before which the under taking is given

When there is criminal contempt the Power lies to the High Court and Supreme Court being Court of records


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