• Contempt of hon supreme court order

A notification of central govt . Contradictory to earlier supreme Court order .
Can it be taken in a contempt petition.
Asked 6 years ago in Constitutional Law

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21 Answers

Yes only SC can take action in the same

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Challenge the same in light of the SC order

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It will not amount to contempt as of now. Rest share the details for a concrete advice.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

File writ petition along with prayers of contempt in it

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

A supreme court order must have laid some guidelines or set aside a previous notification. The government cannot bring out a notification against the order. It is contempt.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A contempt application must be filed for not following the judgment of the supreme court as it is the law.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It depend on the subject of the notification issued by the central government and what supreme court states on the subject and whether it is really contradicting.

For this one can file a PIL only seeking action as per law.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

If it is affecting the interest of the public then a PIL can be filed.

A  PIL is a petition that an individual or a non-government organisation or citizen groups, can file in the court seeking justice in an issue that has a larger public interest. It aims at giving common people an access to the judiciary to obtain legal redress for a greater cause.

For socially conscious citizens who would like to fix the system through a court of law, the Public Interest Litigation (PIL) is a powerful tool. Public Interest Litigation cases won or lost in the High Court or the Supreme Court of India often make news these days. Whether a PIL case wins or loses, it certainly makes an impact on the lives of people who are connected to the issue in one way or the other.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

File writ petition in HC challenging said notification issued contrary to SC order

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

File writ in SC or HC against  said notification issued contrary t to SC order 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1. It is not contempt,

2. you can challenge the same by filing a petition in the Supreme Court,

3. Since Government notification is issued after the Supreme Court order, therefore, no contempt only challengeable, However, chances are low to succeed,

4. much depends upon the fact of the case

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. This is not contempt.

2. A judgment rendered by the Supreme Court can be nullified by changing the law on the basis of which it was passed.

3. You are free to challenge the notification.

4. The ways to challenge are simple- engage a lawyer and file the writ petition.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can file a petition before the SC or HC challenging the new notification in light of previous one.

See as far as contempt is considered if notification is well within the powers conferred by law.then it's not contempt as govt. can make rules though in your case merits of same has to he seen.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It can be challenged by way of writ petition before HC or SC.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It is to be seen whether the notification invalidates the specific order of supreme court passed against he particular department or not.

Unless and until the public authority is dieted to do certain thing in certain manner , a general notification issued by the government may not be interpreted as contempt of court. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Failure to obey a Court Order is contempt of court.

It is not contempt but you can challenge by filing  writ petition.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file writ petition in HC or SC.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Writ will file before double bench, high court.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You can file Writ Petition questioning the inaction of concerned Department before the High Court referring to the SC Order.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes it is a clear case of contempt of court.

File writ petition in supreme court to challenge the notification of central govt. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

This is my response to you:

1. An SLP can filed;

2. The SLP will challenge the notification;

3. You will need to discuss further details;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

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