Civil Contempt - Law Dictionary Search Results
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Civil contempt
Civil contempt, means 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. [Contempt of Courts Act, 1971 (70 of 1971), s. 2 (b)]...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
contempt
contempt 1 : willful disobedience or open disrespect of the orders, authority, or dignity of a court or judge acting in a judicial capacity by disruptive language or conduct or by failure to obey the court's orders ;also : the offense of contempt called also contempt of court civil contempt : contempt that consists of disobedience to a court order in favor of the opposing party NOTE: The sanctions for civil contempt end upon compliance with the order. constructive contempt : indirect contempt in this entry criminal contempt : contempt consisting of conduct that disrupts or opposes the proceedings or power of the court NOTE: The sanctions for criminal contempt are designed to punish as well as to coerce compliance. direct contempt : contempt committed in the presence of the court or in a location close enough to disrupt the court's proceedings in·di·rect contempt : contempt (as disobedience of a court order) that occurs outside of the presence of the court 2 : wi...
Wilful disobedience
Wilful disobedience, 'willful disobedience' to a writ issued by a court constitutes civil contempt, though mere failure to obey the writ may not constitute civil contempt depending upon the facts and circumstances of the case. The appropriate mode of enforcing obedience to a writ of habeas corpus is by committal for contempt. A committal order may be made against a person who intentionally makes a false return to a writ of habeas corpus, but an unintentional misrepresentation on a return is not a ground for committal. Civil contempt is punishable with imprisonment as well as fine, Sebastian M. Hongray v. Union of India, AIR 1984 SC 1026: (1984) 3 SCR 544: (1984) 3 SCC 81 (82).If from the circumstances of a particular case, brought to the notice of the Court, the Court is satisfied that although there has been a disobedience but such disobedience is the result of some compelling circumstances under which it was not possible for the contemner to comply with the order, the Court may not p...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
constructive contempt
constructive contempt see contempt ...
contempt of court
contempt of court :contempt ...
criminal contempt
criminal contempt see contempt ...
direct contempt
direct contempt see contempt ...
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