Civil contempt of court refers to disobeying a court order in a civil proceeding, such as failure to pay court-ordered child support. It is distinct from criminal contempt. Sanctions for civil contempt aim to compel compliance with the court order or resolve the underlying case, and typically end when the party complies or the case concludes. Those held in civil contempt have fewer constitutional rights than in criminal contempt cases and can be jailed indefinitely until complying with the order.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
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divyashreenandini@gmail.com
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Ouster clauses and jurisdiction of civil courtsAnuja Aiyappan
The aim of the ppt is to understand what ouster clauses and jurisdiction of civil courts implies with respect to the Code of Civil Procedure applicable in and to do a study of the different provisions under the corresponding statutes.
This presentation covers all details where one can easily understand the concept of plea bargaining. It covers the overall view of plea bargaining in Indian context with summarized definition, objectives, legal provisions, cases, types, pros and cons.
While Freedom of Speech and Expression is a fundamental right in India, of equal concern is a need to protect the authority and sanctity of Judiciary and the Parliament so as to afford them requisite space to perform their assigned roles. Hence the relevance of this topic.
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
Ouster clauses and jurisdiction of civil courtsAnuja Aiyappan
The aim of the ppt is to understand what ouster clauses and jurisdiction of civil courts implies with respect to the Code of Civil Procedure applicable in and to do a study of the different provisions under the corresponding statutes.
This presentation covers all details where one can easily understand the concept of plea bargaining. It covers the overall view of plea bargaining in Indian context with summarized definition, objectives, legal provisions, cases, types, pros and cons.
While Freedom of Speech and Expression is a fundamental right in India, of equal concern is a need to protect the authority and sanctity of Judiciary and the Parliament so as to afford them requisite space to perform their assigned roles. Hence the relevance of this topic.
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
In summary, a defendant enjoys at least three important constituti.docxbradburgess22840
In summary, a defendant enjoys at least three important constitutional rights during the sentencing process: (1) the right not to be put twice in jeopardy; (2) the right to a sentence that conforms with the Eighth Amendment’s proscription against cruel and unusual punishment; and (3) the right to counsel at sentencing-related hearings, regardless of his or her ability to afford representation.
APPEALS and HABEAS CORPUS
1:APPEALS
An appeal occurs when an appellate court, such as one of the federal courts of appeal, examines a lower court’s decision in order to determine whether the proper procedure was followed or the correct law was applied. In other words, when a defendant appeals, he or she is claiming that the court made an error. Thus, the appeal guarantees that a defendant who is found guilty can challenge his or her conviction. Further, the appeal442443guarantees that another judge or panel of judges, disconnected from the initial trial, will make the relevant decision.
Although appealing convictions is an important part of the criminal process, the Supreme Court has never held that doing so is constitutionally permissible. That is, nowhere does the U.S. Constitution specify that a certain number of appeals will be granted to each convicted criminal. InMcKane v. Durston (153 U.S. 684 [1894]), the Supreme Court stated, “A review by an appellate court of the final judgment in a criminal case, however grave the offense of which the accused is convicted, was not at common law, and is not now, a necessary element of due process of law” (p. 687).
Most appeals are posttrial in nature and filed by the defense, which is why this topic is being discussed at the end of this book. However, in some situations, the defense appeals a court’s decision, such as on a motion to suppress evidence, during the trial. And in some instances, the prosecution can even file an appeal. Thus, this chapter will consider three types of appeals: (1) appeals by the defense prior to adjudication; (2) appeals by the defense after adjudication; and (3) appeals by the prosecution. First, however, it is important to review the common types of appeals and their consequences and the important Supreme Court cases dealing with the appellate process (i.e., the procedures courts are required to follow).■ Types and Effects of Appeals
Despite the Supreme Court’s view that appealing one’s conviction is not constitutionally guaranteed, every state and the federal government each has rules providing a certain number of appeals to a convicted criminal. At both the state and federal levels, a convicted criminal is usually granted at least one appeal of right, also known as a direct appeal, and at least one discretionary appeal.
An appeal of right, or a direct appeal, is automatically granted to the defendant by law. That is, an appeal of right must be heard by an appellate court. It is not up to the appellate court to decide whether to hear such an appeal. By contrast, the appellate .
Code Of Civil Procedure: Res sub-judice & Res Judicata by Mahamud WazedMahamud Wazed (Wazii)
Section – 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res –judicata. Section -10 provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. On the other hand section-11 provides the rule relates to a matter already adjudicated. It bars the trial of a suit or an issue in which the matter directly and substantially in issue has been adjudicated upon in a former suit. Sections 10 and 11 are mandatory.
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Homosexuality is still considered a ‘taboo’ in India. India today is one of the fastest developing nations with impressive economic growth rates. But is the growth rate enough to imply that India is a developing nation. A nation is also characterized by the way it treats its people. With respect to this prerogative, the way India looks at homosexuality is certainly not the way to look at it. Homosexuality is considered as a disease by most sections of the society and there are only a few sections of the society who welcome homosexuality.
E-CONTRACT is an electronic form of contract, where two or more parties comes into a contract with a electronic medium.
E-CONTRACT is friendly to the environment, because no paper is use in this form of contract.
In this research paper I want to throw some light on the advantages of the E-CONTRACT to the society and the environment.
PRESENTATION ON A VERY RARELY DISCUSES TOPIC THAT IS CYBER WAR. AN IMPORTANT PART OF INDIAN LEGAL SYSTEM WHERE NO LAW CONCERNED HAS BEEN DEVELOPED SO FAR.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
Rahhul gaur1
1. Contempt Of Court
Introduction
Contempt of court refers to actions which either defy a court's authority, cast disrespect on a
court, or impede the ability of the court to perform its function.
Contempt takes two forms: criminal contempt and civil contempt. Actions that one might
normally associate with the phrase "contempt of court," such as a party causing a serious
disruption in the courtroom, yelling at the judge, or refusing to testify before a grand jury, would
often constitute criminal contempt of court.
Civil contempt of court most often happens when someone fails to adhere to an order from the
court, with resulting injury to a private party's rights. For example, failure to pay court ordered
child support can lead to punishment for civil contempt. Typically, the aggrieved party, such as a
parent who has not received court ordered child support payments, may file an action for civil
contempt.
Direct and Indirect Contempt
Contempt of court may be "direct" or "indirect." Direct contempt occurs in the presence of the
court - during a court proceeding, for example. Indirect contempt occurs outside the presence of
the court.
Civil contempt often occurs indirectly - for example, when a party is ordered to turn over
financial records within thirty days but refuses to do so. Indirect contempt is sometimes called
constructive or consequential contempt.
Types of Civil Contempt:
1. Civil Contempt is defined in Section 2(b) of the Contempt of Courts Act, 1971.
2. “Willful disobedience to any judgment, decree, direction, order, writ or other process of a
Court or willful breach of an undertaking given to a court, are regarded as civil contempt’s.
3. Willfully disobeying the Court orders or willfully breaching his own undertaking are the civil
contempt.
4. It contains less seriousness
5. Generally, the party aggrieved by the acts of the contemner brings to the notice of the Court
about such contempt, by an application.
5. Generally the majority of the civil contempts are done by the judgment debtor or any other
person whom the Court had already directed or ordered to do a certain civil work.
6. The degree of standard of proof is required lesser to that of criminal contempt proceedings.
2. 7. Apology: Apology is a good defence. Majority cases, the Courts satisfy if the contemnor gives
an unconditional apology, and also an undertaking to fulfil the obligation.
8. A Civil Contempt may be considered as criminal contempt, if the contemner neglects to obey
the Court’s orders already given in the previous instance.
9. A civil contempt is generally limited to the parties to a suit, viz. Judgment debtors, Governmnt
officers, authorities. A civil contempt arises when the Court issues certain directions of them,
and if they fail to comply such orders.
10. Mens rea is an essential ingredient to be proved in civil contempts.
11. In majority of the Civil contempts, the Court gives the contemner to correct and rectify his
conduct, before punishing
Punishment for Civil Contempt of Court vs. Criminal Contempt of Court
Unlike criminal contempt sentences, which aim to punish the act of contempt, civil contempt
sanctions aim to either: (1) restore the rights of the party who was wronged by the failure to
satisfy the court's order; or (2) simply move an underlying proceeding along. Civil contempt
sanctions typically end when the party in contempt complies with the court order, or when the
underlying case is resolved.
Like those charged with criminal contempt, the court may order incarceration of people held in
civil contempt. However, unlike individuals charged with criminal contempt, people held in civil
contempt are generally not given the same constitutional rights that are guaranteed to criminal
contempt defendants.
Those held in civil contempt generally must be given notice of the contempt sanctions and an
opportunity to be heard, but usually are not guaranteed a jury trial. Also, their contempt does not
need to be proven beyond a reasonable doubt, while criminal contempt charges must be proven
beyond a reasonable doubt. Finally, criminal contempt involves a specified sentence (jail and/or
fine), while civil contempt sanctions can be more indefinite, lasting until either the underlying
case is resolved or the party in contempt complies with the court order.
3. Meaning of Willful Disobedience u/Section 2(b) of Contempt of Courts Act, 1971
Ashok Paper Kamgar Union and Ors. vs Dharam Godha And Ors.[1] – In this case, the
Supreme Court examined the provision of Section 2(b) of the Contempt of Courts Act, 1971 that
defines the term civil contempt and held that the term ‘Willful’ under Section 2(b) means an act
or omission which is done voluntarily and intentionally and with the specific intent to do
something the law forbids or with the specific intent to fail to do something the law requires to
be done, that is to say with bad purpose either to disobey or to disregard the law.
It signifies a deliberate action done with evil intent or with a bad motive or purpose. Therefore,
in order to constitute contempt the order of the Court must be of such a nature which is capable
of execution by the person charged in normal circumstances. It should not require any extra
ordinary effort nor should be dependent, either wholly or in part, upon any act or omission of a
third party for its compliance. This has to be judged having regard to the facts and circumstances
of each case.
Willful Breach of Undertaking is a Civil Contempt
Balasubramaniyam v. P. Janakaraju & Anr.[2]– In this case, the High Court of Karnataka
observed that the orders of Courts have to be obeyed unless and until they are set aside in
appeal/revision.
While elucidating on the principles relating to contempt law the Court remarked that the
definition of Civil Contempt includes willful breach of an undertaking given to a Court. Public
interest requires that solemn undertakings given to a Court with the intention of obtaining any
benefit should not be breached willfully. No litigant can be allowed to wriggle away from a
solemn undertaking given to the Court, as it will open dangerous trends and defeat the very
purpose of giving undertakings to Court.
It was further observed that once litigants give an undertaking to a Court, they should comply
with it in all circumstances, the only exceptions being fraud or statutory bar. They cannot break
an undertaking with impunity and then attempt to justify it. The breach of solemn undertaking
given to a Court is a serious matter and will have to be dealt with seriously.
1. AIR 2004 SC 105
2. 2004 (5) Kar. LJ 338
4. Court’s Constitutional Right to Punish for Contempt
Bar Association vs. Union of India & Anr.[3]– In this case, the Supreme Court dwelled into
the constitutional powers vested in it under Article 129 read with Article 142(2) of the
Constitution of India and the power of the High Court under Article 215 of the Constitution to
punish for contempt and held as follows:-
The Apex Court while examining this power remarked that no act of parliament can take away
the inherent jurisdiction of the Court of Record to punish for contempt and the Parliament’s
power of legislation on the subject cannot, therefore, be so exercised as to stultify the status and
dignity of the Supreme Court and/or the High Courts, though such a legislation may serve as a
guide for the determination of the nature of punishment which this court may impose in the case
of established contempt.
Sudhakar Prasad vs. Govt. of A.P. and Ors.[4] – In this case also the Supreme Court once
again declared that the powers of contempt are inherent in nature and the provisions of the
Constitution only recognize the said pre-existing situation.
That the provisions of the Contempt of Courts Act, 1971 are in addition to and not in derogation
of Articles 129 and 215 of the Constitution. The provisions of Contempt of Courts Act,
1971 cannot be used for limiting or regulating the exercise of jurisdiction contemplated by the
said two Articles.
Here it was additionally held by the Apex Court that the High Court cannot create or assume
power to inflict a new type of punishment other than the one recognized and accepted by Section
12 of the Contempt of Courts Act, 1971.
Violation of Undertaking/Consent Terms is Contempt
Rama Narang vs. Ramesh Narang and Anr.[5]– In this case, the respondent argued relating to
the maintainability of the contempt petition filed by the petitioner before Supreme Court by
taking a plea that the consent order recorded before the court did not contain an undertaking or
an injunction of the court and hence could not form the basis of any proceedings for contempt.
3. (1998) 4 SCC 409
4. (2001) 1 SCC 516
5. [5] 2006(11) SCC 114
5. The Supreme Court in the aforesaid case held that the consent terms arrived at between the
parties before it, having been incorporated in the order passed by the court, any violation of the
said terms of the consent order and connected matters would tantamount to violation of the
Court’s order and therefore, be punishable under the first limb of Section 2(b) of the Contempt of
Courts Act, 1971.
Contempt Jurisdiction cannot be used to enforce a Decree Passed in a Civil Suit
Kanwar Singh Saini v. High Court of Delhi[6] – In the case the Supreme Court held that once
the suit stood decreed, if there is a grievance of non-compliance with the terms of the decree
passed in the suit, a remedy is available to the aggrieved person to approach the Execution Court
but resort cannot had to contempt proceedings, by invoking Order XXXIX Rule 2A of the CPC,
as such a provision is available only during the pendency of the suit and not after the conclusion
of the trial. Thus, it was held by the Apex Court that contempt jurisdiction cannot be used to
enforce a decree passed in a civil suit.
D.N. Taneja vs. Bhajan Lal[7] – In this case the Supreme Court stated that any person, who
moves the court for contempt, only brings to the notice of the court certain facts constituting
contempt of court. After furnishing the said information, he may assist the court but at the end of
the day, there are only two parties in such proceedings, the court and the contemnor.
6. CRIMINAL APPEAL NO. 1798 of 2009
7. (1988) 3 SCC 26
6. Review of the Contempt of Courts Act, 19718
The Law Commission of India (Chair: Justice B.S. Chauhan) submitted its report on the
Contempt of Courts Act, 1971. Contempt refers to the offence of showing disrespect to
the dignity or authority of a court. The Act divides contempt into civil and criminal
contempt. Civil contempt refers to the wilful disobedience of an order of any court.
Criminal contempt includes any act or publication which: (i) ‘scandalises’ the court, or
(ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice
in any other manner. ‘Scandalising the Court’ broadly refers to statements or
publications which have the effect of undermining public confidence in the judiciary.
The report examined whether the definition of contempt in the Act should be restricted to
civil contempt, i.e., wilful disobedience of judgments of court. The Commission
concluded that there was no requirement to amend the Act, for the reasons stated below:
High number of contempt cases: The Commission observed that there were a high
number of civil (96,993) and criminal (583) contempt cases pending in various High
Courts and the Supreme Court. The Commission observed that the high number of cases
justify the continuing relevance of the Act. It stated that amending the definition of
contempt may reduce the overall impact of the law and lessen the respect that people
have for courts and their authority and functioning.
International comparison: In relation to the offence of ‘scandalising the Court’, the
Commission noted that the United Kingdom had abolished the offence in its contempt
laws. However, it noted that there were two differences in circumstances in India and the
United Kingdom, which warranted a continuation of the offence in India. First, India
continues to have a high number of criminal contempt cases, while the last offence of
Scandalising the Court in the UK was in 1931. Second, the offence of Scandalising the
Court continues to be punishable in UK under other laws. The Commission observed
that abolishing the offence in India would leave a legislative gap.
Source of contempt power: The Commission observed that the superior courts
(Supreme Court and High Courts) derive their contempt powers from the Constitution.
The Act only outlines the procedure in relation to investigation and punishment for
contempt. Therefore, deletion of the offence from the Act will not impact the inherent
constitutional powers of the superior courts to punish anyone for its contempt. These
powers will continue to remain, independent of the 1971 Act.
8. Review of the Contempt of Courts Act, 1971, “https://www.prsindia.org/report-
summaries/review-contempt-courts-act-1971”
7. Impact on subordinate courts: The Constitution allows superior courts to punish for
their contempt. The Act additionally allows the High Court to punish for contempt of
subordinate courts. The Commission argued that if the definition of contempt is
narrowed, subordinate courts will suffer as there will be no remedy to address cases of
their contempt.
Ambiguity: The Commission observed that amending the definition of contempt will
lead to ambiguity. This is because the superior courts will continue to exercise contempt
powers under the Constitution. If there is no definition for criminal contempt in the Act,
superior courts may give multiple definitions and interpretations to what constitutes
contempt. The Commission suggested retaining the definition for the purpose of
ensuring clarity.
Adequate safeguards: The Commission noted that there are several safeguards built into
the Act to protect against its misuse. For instance, the Act contains provisions which lays
down cases that do not amount to contempt and cases where contempt is not punishable.
These provisions suggest that the courts will not prosecute all cases of contempt. The
Commission further noted that the Act had withstood judicial scrutiny, and therefore,
there was no reason to amend it.
Conclusion
Civil contempt of court refers to behavior which disobeys the authority of a court in a
civil proceeding. Civil contempt is distinct from criminal contempt of court. Most often,
civil contempt of court involves failure to satisfy a court order. Generally, sanction for
civil contempt end when the party in contempt complies with the court order, or the
underlying case resolves. Civil contempt can result in punishment including jail time
and/or a fine.