Practice area

Contempt of court petitions

Civil and criminal contempt petitions for non-compliance with orders of the High Court of Karnataka, and defence against them.

When an order of the High Court is not obeyed, contempt proceedings under the Contempt of Courts Act, 1971 and Article 215 of the Constitution can be used to secure compliance. They are also a serious exposure for those accused of disobedience.

What this work involves

• Civil contempt petitions for wilful disobedience of an order, judgment or undertaking
• Criminal contempt matters, such as scandalising the court or interfering with the administration of justice
• Defending alleged contemnors, including by showing that non-compliance was not wilful or that the order was unclear
• Applications for extension of time to comply, and for clarification or modification of orders
• Appeals against orders passed in contempt proceedings

Time limit

The Contempt of Courts Act bars initiating contempt proceedings after one year from the date of the alleged contempt, so action should be taken promptly after non-compliance.

Frequently asked questions

What if an authority ignores a High Court order?

A contempt petition can be filed for wilful disobedience. Before doing so, a representation or notice to the authority recording the order and the non-compliance is usually sensible.

Is an apology enough in a contempt case?

An apology can be considered, but the Court decides whether it is genuine. Each case turns on its facts.

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