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simrandip singh   12 July 2021

Transfer Petition

is it possible to transfer a contempt petition of a disposed of case ?


Learning

 1 Replies

minakshi bindhani   07 October 2021

As per your query concerned!

The law enumerates contempt classifies it as civil and criminal.

Civil contempt is fairly simple. It is committed when someone willfully disobeys a court order or wilfully breaches an undertaking given to the court.

Criminal contempt as per the contempt Act 1961  It consists of three forms:

(a) words, written or spoken, signs and actions that “scandalise” or “tend to scandalise” or “lower” or “tends to lower” the authority of any court

(b) prejudices or interferes with any judicial proceeding

(c) interferes with or obstructs the administration of justice.

However, it is not possible to transfer the petition when it is already disposed of, you may refer to a higher court in the light of appeal, revision or review or With Article 132.

Hope it clarifies the issues!

Regards

Minakshi Bindhani


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