Please move a contempt of court proceeding in Supreme Court

the Supreme Court has ruled that recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court.

A bench of justices Markandeya Katju and Gyan Sudha Mishra said that it was passing the extraordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country’s highest court.

“We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the petition/appeal of the tenant and grants some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force.

“This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings.

“Hence, we give a general direction that when tenant’s petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own. If any extension of time to vacate is desired, that application should be filed well in advance,” Justice Katju writing the judgement said.

The Supreme Court passed the order while dealing with an interlocutory application moved by a tenant Ram Prakash Sharma seeking further time to vacate his rented premises.

“In the facts and circumstances of the case, time to vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force,” the bench said in its order.

2) take out application for execution of eviction order

Hi , I need further details that how the Supreme Court has directed the tenant to vacate the house because the procedure is first you have to file a SCC suit thereafter if the other party is successful then The remedy is High Court . So I fail to understand how the Supreme Court has directed the tenant to vacate the premises . What is there any litigation between you and the tenant . Well whatever it maybe the remedy is filing a contempt addition before the appropriate court or give me a call so file and execution application before the court .

You can file a civil contempt petition in supreme Court in accordance with the Supreme Court rules and contempt of Court Act

Contempt of court.

Hi

You are here advised to file an application for the execution of the orders of Supreme Court.

If the execution is not carried out then the contempt petition should be initiated.

Thank You

1. What is the next date of hearing of the case in the Supreme Court?

2. Inform the Court about non compliance of its order by the tenant praying for a direction upon the local police to forcibly evict the tenant from the shop and hand over its possession to you and also submit report of compliance of order to the Court.

Approach the Supreme Court again and file a contempt petition.

Yes wait for eight thereafter send a reminder also and wait for 15 days more then proceed to file contempt petition

wait till 8th February 2018 and then file contempt of court proceedings against tenant

2)obtain certified copy of order

3) then request local police to help you in evicting tenant as per court orders

Is there any specific mention in order regarding DM or police if not from my view you should wait till 8th feb.

1. Has the Supreme Court disposed of the case after passing the said order or has fixed another date of hearing?

2. If there is another date of hearing fixed by the Supreme Court, you won't have to file Contempt Case and can report the matter of non compliance of Court's order on the next date of hearing praying for direction upon the police or DM to get the said shop vacated for handing it's possession to you.

3. If the Supreme Court has already disposed of the case after passing the said order, file a contempt case against the others side along with the prayer for eviction through police force as advised in my earlier post.

You need not to take any action till 8 February 2018 and after that youmay move petition in the Supreme court.

1. Do I need to wait till 8th Feb 2018 and then file Court of Contempt in supreme court? Yes, wait till he vacates.

2. 2. Do I need to submit the supreme court order to DM office? In case of ongoing proceedings, you can submit. If not, cause a copy to their reference.

3. How can I take help from police force? Lodge a complaint with the police and obtain a CSR which will strengthen your case in contempt.

I would advise you to wait till 8th Feb and then file contempt case on the tenant

Yes, you can submit once for the enforcement of the order of the SC

You can take help of the police only by means of an order passed by the DM

Regards

Let me know if I can be some help in handling your case.

Regards

Go file a execution case against that order in the lower court of this suit was originally filed

Hi,

Wait till 8 february 2018 and then apply for execution of decree by arrest and detention of the judgement debtor.

Thanks.

1. At this stage there is no contempt as the last date to vacate is 8.2.2018. Since the tenant has not given the undertaking you should immediately file an application to bring this to the notice of the SC whereupon the SC may order immediate eviction of the tenant through police assistance.

2. Unless the SC directs the police to intervene it will not.

The supreme court is dated 08.01.2018 and by the time you got this order copy in your hand, it should have been more than a week.

You wait for him to give an undertaking till such time as prescribed or for vacating the premises within one month from the date of getting copy f the orders.

After that you can initiate legal process to evict him.

The supreme court has passed an order in your favor.

The order was passed on 08.01.2018 only and it would have taken a few days to get the copies of the order, thus the one month period shall be one month from the date of receiving the orders.

You cannot rush up before completion of one month period as explained above to evict him.

If he is not vacating even after stipulated time, then you can file a petition before the trial court to evict him through Court Ameen with the assistance of police.

Go for contempt orders and execute the same through court. He will be vacated by force through the Police. It is contempt of orders of supreme court.

1. Wait till Feb 8th.

2. Submit the order before the Authority/person who is responsible to comply with the said order.

Willful disobedience to any Judgement , Decree , Direction ,Order ,Writ of other process of a court is deemed as Contempt of Court.

As the tenant does not give undertaking and further has not vacated the shop as per order , it means , the tenant has committed the offence of contempt of the Honble Court.

Normally in mostly cases the tenant not complied the order and due to the said reason the Supreme Court has given strict direction in this regard to forcibly dispossess /evict the tenants with the help of police personnel.

1. YES- wait till 8 Feb,2018 , and if not vacated itself then you have right to start Contempt proceeding against the

tenant.

2 & 3 -- You should submit the Order to the police official , sure they will comply the said order to vacate the shop.

i think you should first try DM and police force. if they dont work, next file contempt case.