If an order has been passed in your favour and the other party is not obeying it then you should file a contempt application in the court making the party not following the court orders a party.
Contempt of court
As an affected person, what is my obligations to report a Contempt of Supreme Court. What are the procedures involved. and any Govt/Court regulations on the subject
Asked 2 years ago in Civil Law
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
9 Answers
As an NRI/OCI, if I am discriminated by CBDT AO s penalty process is imposed by an Assessing Officer based on a Status-Quo Supreme Court Verdict, what kind of actions I can and I should initiate. (in addition to CBDT Appeal Process)
Asked 2 years ago
If an AO is not following the orders of the supreme court then file an appeal against the order. The AO must have given some reasons for not following the orders ie not applicable to your case etc.
If the supreme court has ordered a status quo in your case tgen the AO is bound to act in accordance with that order. If he is acting otherwise then file a contempt application against him.
Dear Client,
Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. Contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.
Thankyou
You can file a contempt petition in SC. SC has powers to punish it's own contempt
File an appeal against impugned order imposing penalty
2) issue legal notice to AO that order imposing penalty is in violation of SC orders directing maintenance of status quo and amounts to contempt of court proceedings
3) take out contempt of court proceedings against AO
Act as mentioned herein above
The Supreme Court has observed that when the directions issued in a judgment are general in nature, any aggrieved party (not just the party to the judgment), can file a Contempt petition when there is violation of such directions.
Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. In both the cases, contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.
If you have obtained an enforceable court order and there is a clear breach of the court order, the breaching party may be committing a criminal offence (sometimes known as being in “contempt of court”). This may lead to police action, prosecution, fines, or imprisonment.
This is an order against you which has aggrieved you.
Hence you may have to exhaust the remedies before the appellant authority first after which you can decide further course of action
If contempt has been committed of an order in which you were either a party or whereunder certain rights were created in your favour then you are at liberty to file contempt petition before the court.
