Law is clear, any violation of court order may be punished with imprisonment which may extend to six months and fine.
Contempt of court
Respected Sir, I request you to please advise on the following regarding legal guidance. By violating court order mortgage of 1.48 crore was taken and out of this money of 1.48 crore a property has been purchased multi storey building from which rent has been earned by the fraudsters. Does the court consider violation of court order seriously or not. In India is there any legal guidelines with regards to contempt of court or is it left to individual judges discretion. Please advise Thanks
Asked 6 years ago in Civil Law
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12 Answers
you can take contempt of court proceedings against fraudster for having violated court orders
Contempt of court act define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto
file petition in HC against fraudster for having violated court orders
Fraudster changed katha from father’s name to his name had suppressed the details of legal heir . After changing katha to his name had created mortgage . Mother was also glove in hand with fraudster. Trial court in its judgement had clearly noted the above violation. In OS judgement was awarded in favour of plaintiff and fraudsters filed RFA in high court Seeking stay on judgement. High court refused to give stay and rejected application for stay to fraudster with a detailed order upholding trial court findings regards to merit of the case as it was aggrieved by the acts of fraudster as well as merit of the case.( case: The plaintiff was a NRI doctor who has purchased property from his taxed money sent to his father and brothers in their names with a understanding that property will be registered back in his name once he returns back to India.following father’s death which brothers started playing up.fraudster brothers after being caught violating court order had changed there defence in trial court that plaintiff cannot claim back property under benami law however trial court rejected there claim.)While RFA hearing happened simultaneously execution proceedings were happening and execution court executed court sale deed in favour of plaintiff as high court didn’t give a stay . The fraudster filed a SLP against high court order rejecting a stay. SLP the main contention was that if the high court order was implemented before disposal of RFA the RFA becomes infructious as he will be homeless and high court had to look into the benami aspect . Plaintiff filed objection bringing to attention of Supreme Court about violation & frauds Supreme Court order was - we are not inclined to interfere with impunged order. Operation of order is stayed till disposal of appeal and judgement in Os stayed till the disposal of RFA. However high court was requested to ensure expeditious disposal of RFA. Why Supreme Court has not taken violation and fraud seriously Seriously
Asked 6 years ago
See there is contempt of the court act if the person has violated the court order then he can be penalised and the court can restore the position before the breach of the order.
See supreme court has not decided anything on merits it has stayed the order so it is not the contempt of court at this stage the high court to decide the petition as per the order of court.
Sometimes you also not get justice from supreme Court but after slp no scope remains other then a review petition
SC wants suit to be disposed of expeditiously
It has not gone into merits of case
Dear Sir,
One out of hundred cases will be ended in punishment in case of violation of conditions imposed by Lower Courts. Lower Courts in most cases award punishment to the persons who violates the conditions. You have to take so many precautions so that the culprits are punished.
Challenge mutation before the competent authority and then proceed with the other cases.
Without knowing the actual orders passed by the court or the subject mater or by what manner does the respondent violated the court order, whether directly disobeyed the court order or just violated the court order etc., any opinion given in this regard may be a misguidance.
From the supreme court judgment it can be clearly noted that the trial court's judgment has been stayed and has passed instructions to high court for expeditious disposal of the RFA.
However since ther is no stay granted against the so called fraudster to not to alienate the property, they have proceeded in alienating the property.
In my opinion, since there is no benami transaction found in this property, the so called fraudsters plea may be accepted either by the high court in the RFA or in an appeal by the supreme court.
Dear client
The Supreme Court has taken the Appeal as per the civil procedure code and till the disposal of appeal the order has stayed as per code.
And the argument on merits and evidences of trail court will happen in supreme court and there are chances that there appeal will be dismissed as in high court.
The court take the Contempt cases seriously and if court find any contempt it will definitely take action against the accused as per law.
- As per the information mentioned in the present query, makes it clear that there has been violation of the court order on the face of it.
- Before I proceed further, let me tell you that SC has not considered it just to not to enlarge the scope of multiple litigation as ultimately the power of contempt of trial court order is lie with the High Court only.
- You should file a separate Contempt Petition before the Hon’ble High Court, you would surely get the justice.