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Civil Lawyers
04-12-2024

A Speaking Order was passed by Deputy Municipal Commissioner against an unauthorised construction. Appellant approached Small Causes Court against the Speaking Order and obtained Status Quo Order which was later violated by further construction. Myself as a Respondent filed Contempt Petition as an IA. Now my question is whether the Contempt proceedings are only restricted to High Courts and Supreme Court, or can be initiated on any Judicial Order passed by Trial Courts and Small Causes Courts. Please advice.

•Answers Posted by Experts
Response 1.

Dear Sir, Such contempt proceedings can be filed before Trial Courts like City Civil Courts and Small Causes Courts. The said Court also having powers to refer the power to the High Court suo-motto for initiating such contempt proceedings.

Kishan Dutt
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Response 2.

Dear client, High Court and Supreme Court has Contempt jurisdiction power under Article 215 and Article 129 of the Constitution. But this contempt power is not limited only to HC and SC. The Contempt of Court Act,1971 gives power to contempt jurisdiction all court from higher court to lower court. Hope this advise help you. For more discussion feel free to contact us.

Ayantika Mondal
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Response 3.

Dear Client, based on your question, contempt proceeding are not restricted only HC or SC . Under the Contempt of Courts Act,1971 provide contempt jurisdiction to every court. therefore, your contempt petition before the small causes court is maintainable. Hope this advise help you. For detail discussion feel free to contact.

Advocate Anik
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Response 4.

Contempt proceedings can be initiated based on judicial orders from trial courts and Small Causes Courts, not just the High Courts and Supreme Court. The legal framework established by the Contempt of Courts Act, 1971 empowers High Courts to address violations of lower court orders, ensuring that all judicial directives are upheld and enforced effectively.

Abhishek Esq
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