Writ Writ

2 years ago

what will be next step after filed contempt of court ?

Sidhaarth

Responded 2 years ago

A.The court shall issue notice to other party and can direct to file reply. Thereafter, rejoinder of complainant and final argument.
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Akshaya Kothale

Responded 2 years ago

A.After filling for contempt, a new case is opened and the accused party will need to be properly served. Once the other party appears in the matter they will get an opportunity to file their written Statement. Evidence must then be presented to the court showing that the contempt action took place and the violation was intentional. Prior to that it is wise to intimate the party violating the court order by notifying them to settle the issue before going to court.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. In both cases, contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.

In criminal contempt, contempt is alleged to have been committed the moment scandalization of court or interference with the administration of justice takes place. Consequently, the period of limitation immediately starts running. But, in the case of civil contempt, the period of limitation does not start from the date of the order. It starts running after the expiry of the period mentioned in the order after service of a certified copy of the order upon the other side.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
Contempt of court:- It refers to any action which defies a court authority, cast disrespect to the court, or impede the ability of the court to perform its function.

Essentials:-

1- the making of a valid court order

2- knowledge of order by respondent

3- the ability of the respondent to render compliance

4- wilful disobedience of the order

Punishment for contempt of court:- In this, simple imprisonment with a term which may exceed 6 months can be awarded by the court. A fine can also be imposed by the court which may exceed Rs. 2,000. In few cases, both punishments can also be awarded.

The punishment awarded to the accused may also be remitted if an apology is made by the accused on the satisfaction of the court.

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