Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vivek Kumar Birla, Jitendra Kumar Sinha
Ratnesh Kumar Singh – Appellant
Versus
Pushpraj Singh – Respondent
| Table of Content |
|---|
| 1. contempt application filed based on alleged misbehavior. (Para 2 , 3) |
| 2. consent for contempt application denied on grounds of limitation. (Para 4) |
| 3. arguments on continuing wrong misapplied in this case. (Para 5 , 6) |
| 4. interpretation of section 20 of the act regarding limitation. (Para 7 , 8) |
| 5. contempt application rejected as time-barred, permitting other remedies. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
1. Heard Shri Devendra Dahma, learned counsel for the applicant and perused the records.
2. Present contempt application has been filed by the applicant under Section 16 of the Contempt of Courts Act, 1971(hereinafter referred to as the Act, 1971) seeking consent/permission to initiate criminal contempt proceeding under section 16 of the Act, 1971 against opposite party/contemnor, who was the Presiding Officer in Appeal No.353/2024 which was filed against an order cancelling a fair price shop license.
3. It is alleged that the applicant was appointed as Special Counsel Revenue in Commissionerate, Prayagraj and joined on 03.04.2021. On 21.03.2024 the applicant appeared on behalf of the State in Appeal No.353/2024 (Kavita Devi vs. State of U.P.) which was filed against an
Contempt applications must be filed within one year of the alleged contempt. Timeliness is critical; a late application will be rejected without further inquiry.
The main legal point established in the judgment is that the limitation prescribed under Section 20 of the Contempt of Courts Act is to be scrupulously followed, and the powers under Article 215 of t....
Contempt petition dismissed due to filing beyond one-year limitation under the Contempt of Courts Act.
Any contempt proceedings initiated must comply with the one-year limitation period stipulated under the Contempt of Courts Act, 1971, barring exceptional circumstances.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
