The court dismissed a Contempt Petition filed alleging willful disobedience of an order. The petition was held barred by limitation as it was filed after one year from the date of the impugned order, without explanation for the delay.
The Contempt Petition stands dismissed on the ground of delay.
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CLCON No. 530 of 2019 Hon’ble Manoj K. Tiwari, J.
Mr. H.C. Joshi, Advocate for the petitioner.
Mr. H.M. Raturi, Deputy Advocate General for the State of Uttarakhand. Heard learned counsel for the parties. This Contempt Petition has been filed alleging willful disobedience of the order dated 05.04.2017 passed in WPSS No. 1436 of 2014.
It appears that the Contempt Petition has not been filed within one year from the date of communication of the order to the authority concerned, hence, it is barred by Section 20 of the Contempt Courts Act. Section 20 of the Contempt of Courts Act reads as under:-
“ 20. Limitation for actions for contempt . No court shall imitate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.”
The petitioner has not even explained the delay in filing the Contempt Petition, as the same is admittedly filed before this Court after more than one year, which is barred by limitation.
In such view of the matter, the Contempt Petition stands dismissed on the ground of delay.
(Manoj K. Tiwari, J.)
Arpan 04.09.2019
1 issue framed by the court
Whether the Contempt Petition is barred by limitation under Section 20 of the Contempt of Courts Act for filing after appellate pointed of one year from the date of the impugned order.
1 provisions across 1 enactments
Petitioner
State of Uttarakhand
Manoj K. Tiwari
As recorded by the court registry
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