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...
Other proceedings
Other proceedings, the whole area of proceedings, which reach the High Courts is not exhausted by classifying the proceeding as civil and criminal. There are certain proceedings which may be regarded as neither civil nor criminal. For instance, proceeding for contempt of court, and for exercise of disciplinary jurisdiction against lawyers or other professionals, such as Chartered Accountants may not fall within the classification of proceedings, civil or criminal. 'Other proceeding' in Article 132(1) falls within the residuary class of proceed-ings other than civil or criminal and such a pro-ceeding includes a revenue proceeding, S.A.L. Narayan Rao v. Ishwarlal Bhagwandas, AIR 1965 SC 1818 (1821). (Constitution of India, Article 132)...
Outlawry
Outlawry [fr. utlagaria, Lat.], the being put out of the law for contempt in wilfully avoiding the execution of the process of the King's Court.Outlawry has long been obsolete in civil proceedings, and is formally abolished by the Civil Procedure Acts Repeal Act, 1879 (42 & 43 Vict. c. 59), in civil proceedings. In criminal proceedings it is practically disused, but is formally kept alive by the Forfeiture Act, 1870 (33 & 34 Vict. c. 23), which Act, while abolishing forfeiture for felony expressly provides that nothing therein shall affect the law of forfeiture consequent on outlawry; and the procedure in and for reversal of outlawry is given in Rules 88-110 of the Crown Office Rules of 1906.The maxim applicable to outlaws is, 'let them be answerable to all, and none to them.' Utlagatus est quasi extra legem positus; caput gerit lupinum. 7 Co. 14, (An outlaw is, as it were, placed outside the law; he bears the head of a wolf.) Accordingly, any person outlawed is civiliter mortuus. He c...
Crime
Crime, is a word, of which the interpretation has varied with the philosophic bias of the writer; it has been described as the violation of a right, when considered in reference to the evil tendency of such violation, as regards the community at large, but this definition is too wide; and would include any evil act or movement whether or not it is punishable by law. The (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), s. 5, defines crime for the limited purposes of the Act as either felonies or specified offences or misdemeanours, while 'offence' means any act which is not a 'crime' and is punishable on indictment or summary conviction. In our law misdemeanour is generally used in cotradistinction to felony, and comprehends all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, etc. see OFFENCE, and consult Russell on Crimes, and Mellor v. Denham, (1880) 5 QBD 467, and other cases decided upon the meaning of 'criminal cause or ...
libel
libel [Anglo-French, from Latin libellus, diminutive of liber book] 1 : complaint used esp. in admiralty and divorce cases 2 a : a defamatory statement or representation esp. in the form of written or printed words ;specif : a false published statement that injures an individual's reputation (as in business) or otherwise exposes him or her to public contempt b : the publication of such a libel c : the crime or tort of publishing a libel see also single publication rule New York Times Co. v. Sullivan in the Important Cases section compare defamation, slander NOTE: Although libel is defined under state case law or statute, the U.S. Supreme Court has enumerated some First Amendment protections that apply to matters of public concern. In New York Times Co. v. Sullivan, the Court held that in order to recover damages a public person (as a celebrity or politician) who alleges libel (as by a newspaper) has to prove that “the statement was made with ‘actual malice’ &...
Defamation
Defamation, an intentional false communication, either published or publicly spoken, that injures another's reputation or good name, holding up of a person to reduce, Scorn or contempt in a respectable an considerable part of the community; may be criminal as well as civil. Includes both libel and slander. (Indian Penal Code, 1860, s. 499)Defamation, general term for words spoken (slander) or written (libel) to the prejudice of a person's character, in such wise as to support an action by such person against the speaker or writer. The ecclesiastical courts had formerly a concurrent jurisdiction in such an action, but such jurisdiction was abolished in 1855 by 18 & 19 Vict. c. 41. See LIBEL 'SLANDER. Consult Odgers on Libel and Slander.The act of a defaulter: Embezzlement or misappropriation of public or trust funds: Diminution, abatement, excision of any part of a customary allowance; a cutting off, a diminution by way of deficit....
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