Will violation of interim order of a high court amount to contempt of court?

Tilak Marg Forum for Legal Questions Forums Constitutional Law Will violation of interim order of a high court amount to contempt of court?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 5 months, 3 weeks ago.

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  • #3939

    Anonymous
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    If a high court has passed an interim order and a party to the case does not comply with that, then can it amount to contempt of court?

  • #3944

    In Section 2(a) of the Contempt of Courts Act, 1971, “contempt of court” is defined to mean civil contempt or criminal contempt.

    And, in Section 2(b), “civil contempt” is defined to mean wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.

    Therefore, it should be clear that, firstly, contempt can be committed in respect of any judgment, decree, direction, order, writ or other process of a court or even wilful breach of an undertaking given to a court. This shows that contempt can be made out even in respect of an interim order of a court.

    Secondly, however, it should be noted that mere violation of an order may not amount to contempt of court. It should be wilful disobedience or wilful breach. Thus, the violation of the order (including an interim order) must be wilful or intentional or deliberate.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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