Contempt of Courts Act Sec.10 &12 - Non-initiation of contempt proceedings under Or.39, rule 2 A C.P.C. - Limitation for initiation of Contempt Case - starts from the date of knowledge -this court either on complaint or suo motu, can take cognizance of the contempt and punish the contemnors. - Third party, if committed contempt, can be impleaded and proceeded against. - 2015 A.P.(2000)MSKLAWREPORTS




<CONTEMPT OF COURTS ACT, 1971 - - Ss.10 & 12 - -  Contempt of Courts Rules - -    
R.24.

CIVIL PROCEDURE CODE - - Or.39 R.2A - - Limitation for initiation of Contempt
case - - "Initiation" meaning of - - Laid down.

 Non-initiation of Contempt proceedings under Or.39 R.2A does not bar initiation
under Ss.10 & 12 of Contempt of Courts Act.

Third party, if committed contempt, can be impleaded and proceeded against.

>HELD:

Limitation for initiation of contempt case starts from the date of knowledge of
alleged violation of the order of the competent court.  The initiation of
contempt proceedings includes issuing of notice by this Court calling upon the
contemnors to show cause why the contemnor shall not be punished.  From this, it
has to be presumed that the court has taken cognizance of the contempt though it
might not have admitted the contempt case.... In order to see that substantial
justice is done and dignity of the court is protected, this court either on
complaint or suo motu, can take cognizance of the contempt and punish the
contemnors.

Where the order of this Court has been disobeyed and the contempt proceedings
initiated, which requires evidence for adjudication, in such a case this Courtcan proceed to record evidence on its own or direct the court below to record
the evidence and send its report and thereafter to take action in the matter.
Merely because the contempt proceedings are not initiated under Order 39 Rule 2-
A of Civil Procedure Code, it does not bar initiation of the contempt
proceedings under Sections 10 and 12 of the Contempt of Courts Act.
If a third party has committed the act of contempt in a proceeding pending
before this Court, proceedings can be initiated against such a party and deal
him in accordance with law, by bringing him on record by way of impleading.- 2015 A.P.(2000)MSKLAWREPORTS

Popular posts from this blog

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
Read more

Or.39, rule 7 of C.P.C - Petition for preservation of properties belongs to the petitioner - as the Govt. is going to demolish the building in road widening scheme - Or.39, rule 1 made absolute against the petitioner infavour of the respondent - Trial court allowed the Petition wrongly - their lordships held that In a suit for injunction, though the question of possession as on the date of filing of the suit is most relevant, there may be other ancillary and incidental questions as to the conduct of the parties before the Court. The concept of possession in law should take in its spectrum all rights, liabilities, immunities and claims vis-`-vis the property which is said to be in possession. When the Court recorded a prima facie finding that Gayatri bai is in possession, she was also in law entitled to take advantage of that presumption. Unless the defendant properly pleads and proves at the earliest stage regarding any such movables or immovables attached to the immovable property, no defendant can be heard of saying that his belongings were lying in the disputed property. - 2015 A.P.(2001) MSKLAWREPORTS

<CIVIL PROCEDURE CODE - - Or.39 Rr.1 and 2 - - Or.39 R.7 - - Suit for possession - - Interim injuction granted was made absolute - - Later on defendant filed a petition to remove and keep in safe custody certain movables laying in the disputed premises alleging that those belong to him and may get spoiled in case of demolition of the building for road widening - - Lower Court ordered handing over such articles after preparing necessary list to the respondent/defendant.         Scope and ambit  of Or.39 R.7 and when the power thereunder to be exercised - - Laid down. >HELD:         Order 39 Rule 7 CPC empowers the Court to make an order for detention, preservation and inspection of any property which is the subject matter of the suit or as to which any question may arise in the suit.  The submission that the power under Rule 7 can be exercised only in respect of the subject matter is therefore not well founded. The...
Read more

Cancellation of Bail with out completing the investigation by police about threat on defacto complainant , is a premature one - - 2015 TELANGANA & AP.MSKLAWREPORTS

the allegation of defacto complainant is that some unknown persons on behalf of the accused,  even though they were in judicial custody, started threatening him with dire consequences if he does not come forward to compromise with them  in the case and in view of such threat he lodged report and consequently Cr.No.705 of 2014 was registered under Sections 506 and 507 IPC. Apart from it, the complainant also narrated that some of the accused were involved in other cases and rowdy sheet was opened against A1. The lower Court cancelled the bail taking the above allegations into consideration. It must be noted that the threat allegations are under investigation and the persons who allegedly threatened the defacto complainant and the connection of accused with them if any has to be found out only after through investigation by the concerned police.  However, before that exercise being completed, the lower Court came to a premature conclusion about the correctness of the...
Read more