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Best Advocates in Mumbai - Khaitan Legal Associates

Khaitan Legal Associates in Mumbai guarantees a team of experienced and preeminent advocates to handle your legal matters with utmost expertise.

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Best Advocates in Mumbai - Khaitan Legal Associates

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  1. DO YOU KNOW ABOUT CONTEMPT? An analysis of the civil contempt jurisdiction of Indian Civil Courts

  2. INTRODUCTION In India, as also across the globe, courts of law demand strict adherence to their directions. The present article seeks to throw light on the various factors that a civil court in India will consider, while exercising its civil contempt jurisdiction. The reader may note that the Contempt of Courts Act, 1971 also covers instances of criminal contempt, which jurisdiction, broadly speaking, is triggered when a person (i) publishes derogatory content about the Court; (ii) prejudices or interferes with any judicial proceedings; and (iii) obstructs the administration of justice in any manner.

  3. WHAT DOES THE COURT LOOK FOR BEFORE RULING ON CONTEMPT? It is necessary for the Courts to ascertain, that the basic requirements for exercise of civil contempt jurisdiction have been met. These basic criteria are (i) whether a decree, direction, writ or proceeding has been issued by the Court; or (ii) whether an ‘undertaking’ has been given to a Court; and (iii) whether there is a ‘wilful’ disobedience of such decree, direction, writ, proceeding or undertaking. Only calculated acts with full knowledge of consequences have been held to be contumacious.This conservative view has been adopted by Indian Courts since, once held guilty for civil contempt, a party may be committed to prison; an outcome that is very serious and impacts a person’s right to liberty.

  4. WHEN CAN COURTS REFUSED TO HOLD PARTIES GUILTY OF CONTEMPT? Once proceedings for civil contempt have been instituted, the adjudication becomes one between the Court and the contemnor. Once satisfied about the existence of a wilful act of contempt as described above, the Courts also evaluate, if an alternate remedy exists for the aggrieved party. if a decree has been passed in favour of a party, default in compliance with the directions contained therein, ought to result in an application for enforcement as envisaged under civil procedure and not proceedings for contempt.

  5. THANK We look forward to working with you YOU For More Information Visit www.khaitanlegal.com

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