Contempt of Courts Act, 1971 – Section 20 – Civil Contempt – Writ Court directed implementation of Tribunal's order within three months – respondents allegedly failed to comply – Contempt Case filed beyond one year from the expiry of the period stipulated in the writ order – petitioner contended that the cause of action was a continuing wrong and limitation would not apply – Held, Section 20 mandates initiation of contempt proceedings within one year from the date on which the alleged contempt is committed – a plea of "continuing wrong/breach/offence" does not automatically extend limitation and can be accepted only if specifically pleaded with grounds seeking exemption from limitation in accordance with the principles flowing from Order VII Rule 6 CPC – stale claims camouflaged as continuing breach cannot be entertained – subsequent challenge to the Tribunal's order does not suspend or extend the limitation prescribed for initiating contempt proceedings unless the writ Court's order had been stayed – the period of limitation, once commenced, runs its full course – the contempt petition, having been filed beyond the prescribed period without any pleading or material to claim exemption from limitation, is barred by limitation – Contempt Case dismissed. (2026: APHC: 24762).
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advocatemmmohan
- advocatemmmohan
- since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions
Just for legal information but not form as legal opinion
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