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 - -
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.
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
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