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sansh (not working)     11 April 2018

time limit on Contempt case

What is the time limit to file Contempt charges by the concerned Court against the individual?


Learning

 3 Replies

Kumar Doab (FIN)     11 April 2018

This should have been provided by your own very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law  and having successful track record…. and worth his/her salt..

 

Kumar Doab (FIN)     11 April 2018

Go thru:

20. Limitation for actions for contempt. ?

No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. Comment

Contempt proceedings?Power of High Court?Is absolute and unfettered.

A. Mayilswami v. State of kerala (FB) 1995 Cri.L.J. 3830 (Kerala)

 

https://doj.gov.in/sites/default/files/contempt.pdf

Unfettered power of courts to initiate contempt proceedings after 1Y

Gujarat High Court

Dineshbhai A. Parikh vs Kripalu Co-Operative Housing ...

https://indiankanoon.org/doc/603810/

THE LIMITATION ACT, 1963

5. Extension of prescribed period in certain cases.—Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.—The fact that the appellant or the applicant was missed by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

https://indiacode.nic.in/acts/9.%20Limitation%20Act,%201963.pdf

 

With justification delay might be condoned..

Kumar Doab (FIN)     11 April 2018

Be after your lawyer whom you have paid….

Or ask any senior counsel if you have some financial issues..Chalte chalet bhi bata dete hain.

Or ask Free Legal Aid in DLSA……they are usually very accommodating..

 

 


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