• Contempt of court

Our Criminal case against builder under MOFA for conveyance was stayed by HC in 2015, pending outcome of our WP 9219/13 regarding the unilateral Deed of Declaration that builder didn't file with Dy Registrar as per Sec 10(2) of MOFA. We moved trial court in February 2022 citing SC order in M.A. 1577/2020 (Asian Resurfacing of Roads Agency v/s CBI). In the meantime, an Interim Application to move WP 9219/13 to final hearing is moved, citing repeated intrusion by builder and the "Cipla Ltd v/s the Competent Authority & Ors" case which held unilateral deeds of declaration as being bad in law. 

The judge in trial court was firstly unaware of Asian Resurfacing judgment. Since then, he has postponed dates thrice, and now to 10th June 2022, saying he needs to "understand" the order of SC in M.A 1577/2020.

1. Can we file a contempt please against judge? If yes, whether to HC or SC? 
3. The contempt orders I saw online seemed to move fast, i.e. Orders within 6-12 months of filing. Is that standard? I have seen Contempt petition orders against Judges for Asian Resurfacing orders.
Asked 1 month ago in Civil Law

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13 Answers

The judgment in asian resurfacing case pertains to validity of interim orders which is 6 months. The judge, being the judge of the trial court should be aware of the judgment. If he is not then file an application to take this judgment into consideration and dispose the application. If he does not/dismisses the application, file a 227 application in the high court immediately.

Judges cannot be guilty of contempt.


That judgment has dismissed the contempt application. Moreover, judges pass orders and those may be at variance with directions of the hc/sc. But that is not contempt. In your case you should file an application for vacating the stay.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

The SC has directed strict compliance of order dated 15/10/2020 passed in MA No. 1577of 2020 at para No. 35. An Additional Chief Judicial Magistrate, Pune found ignored the order received stricture from SC. The judge is supposed to keep track of directions issued  by SC. There are circulars issued  by Registrar General of all High Court to subordinate judicial officers seeking compliance.

This is what the SC observed.

“We must remind the Magistrates all over the country that in our pyramidical structure under the Constitution of India, the Supreme Court is at the Apex, and the High Courts, though not subordinate administratively, are certainly subordinate judicially. This kind of orders fly in the face of para 35 of our judgment. We expect that the Magistrates all over the country will follow our order in letter and spirit. Whatever stay has been granted by any court including the High Court automatically expires within a period of six months, and unless extension is granted for good reason, as per our judgment, within the next six months, the trial Court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same.”

Bring this to the notice of learned Judge and than file contempt in SC, as it the Contempt of SC.

Ravi Shinde
Advocate, Hyderabad
2315 Answers
37 Consultations

5.0 on 5.0

Don’t file any contempt petition against judge 

 

2) just complain to administrative judge HC against the judge for failing to follow SC judgment and granting repeated adjournments 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

First of all how a writ petition lies against the builder who is a private party and not an instrumentality of the state to which a writ can issue ? 

For conveyance why is not an application for unilateral deemed conveyance made u/s 11 of Mofa? 

When you say trial court do you mean the criminal court ? 

Need to understand this matter before commenting further 

Plz book a paid phone consultation if you wish. This is NOT solicitation. 

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

1. The judge of the trial court has not committed any contempt of court.

Adjourning the matter for further clarification cannot be considered as an act of contempt of court, do not stretch youir imagination or get into such ideas, which will draw adverse impact to your case and also you may be held liable to be punished for throwing such false allegations against judge of a court.

 2. You can seek advise from your counsel who is dealing with this case and knows all details of the case for all such further clarifications.

 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

1. HC after taking permission from court where contempt done

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

Dear Client,

As per the facts which have been provided, you can hire an Advocate and discuss in details the facts of the case to file a contempt petition against a Judge.

Usually legal matters take time so its advisable to not hurry in the current situation.

Hope this clarifies your query and requirement.

Thank you.

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

Complain to principal district judge against conduct of magistrate for just granting adjournments 

 

2) they should be separate 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

File an application under article 227 to the HC for a direction to the trial court to resume the matter on the ground that the stay granted by Hc stood automatically vacated basis the SC judgment in Asian resurfacing case 

For contempt petition you will have to first take consent of advocate general or some other officer (which i dont recollect at the moment). Only if that consent is given, can you file a contempt petition 

A common MA can be filed in both the matters. The contents will be the same but the filing has to be separate. It will be taken up as a connected matter and common order can be passed in both MAs

Try and make your queries a little simpler so that it's easier for lawyers here to respond. Writing case numbers and all and being so extra specific is not required ! 

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

You cannot file any petition before PDJ seeking direction to trial court for an expeditious trial, of the case before it.

If the trial court is posting the matter to some other date or adjourning the matter then it would be for some reason which is beyond the court's control, therefore neither you can agitate over it nor you can take up a matter against this delay before PDJ court, 

Your such actions would delay the matter more further.

 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

Dear Client, 

You can go with separate M.A to Principal District & Sessions Judge.

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

1. Yes you can

2. It can we clubbed

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

1. No, you cannot file a contempt petition against a judge, but can challenge his order after approaching the High Court 

- However, if he has hands in glove with other party  then you  can file a criminal petition against him and also can lodge your compliant before Higher court. 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

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