Appeal against order in Contempt Case lies to Division Bench of the same High Court under Section 19 if order is passed by Single Judge. Only the court whose contempt is alleged has power to punish the respondent. Your matter will be remanded to the HC.
Contempt case in high court was disposed of and dismissed, went for slp now u/s 151 in high court
A contempt petion was filed when a false reply was given to wp ( c ) . contempt case was disposed of and then dismissed ( respondent counsel is misleading the court . went for slp in sci . sent me back to high court . and now filing under section 151 . will it be recall or set aside order in prayer
Asked 11 months ago in Civil Law
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9 Answers
It is necessary to peruse order passed by SC to advice
if case is remanded by SC then the HC has to pass fresh order
Without going through the case related papers it is not prudent to give any advice on the matter.
If the matter has been remanded back to high court by supreme court in an order in a SLP, then that order itself is sufficient to approach high court with a petition by annexing the supreme court order and pray for trial as per supreme court direction.
I am not the contemnor , i am the petitioner . I am approacing HC u/s 151 in cont cas . The earlier order was passed by HC being misled by Contemnor . , went for SLP . Now back in HC. Do I ask for RECALL of previous order or set aside previous order in PRAYER .. I am petitioner in person . thanx
Asked 11 months ago
The SLP was remanded back to high court.
Then you can proceed as per the orders passed by supreme court in the disposal of the SLP
What was order passed by SC ?
SC must have remanded the case and directed HC to pass fresh orders after hearing the parties
Dear Client,
Under Section 151 of the Code of Civil Procedure, the Indian judiciary is also endowed with the inherent authority to set aside a judgement or order that was gained by fraudulent means in court. Recall requests of orders are typically only maintainable under certain circumstances, such as where the order is without jurisdiction and the party against whom the order was issued has not received notice of the recall proceedings. Courts may review and recall their own rulings as part of their inherent authority under the Civil Procedure Code (CPC). This is why the scope of recall and review has been determined time and time again by the Honourable Supreme Court. The Supreme Court's ruling in the case of Asit Kumar Kar v. State of West Bengal & Ors may be relied upon in this regard. The court stated that in the case of a recall petition, "the court does not go into merit but simply recalls the order which was passed without giving due opportunity of hearing to the affected party," and in the case of a review petition, the court considers "the merit that the judgement has an error apparent on the face of the record."
Hope this answer proves beneficial to you.
It will be dismissed in SLP if he has challenged it
- Since, the SC has sent that matter back to HC , it means that the HC will take that matter afresh for passing order.
