CLCON/597/2017
2021 Latest Caselaw 1258 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
        ON THE 31ST DAY OFMARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION No. 597 of 2017
BETWEEN:

Anil Kumar Kakkar                              ...Petitioner
     (By Mr. Kailash Chandra, Advocate holding brief of Mr.
     Gopal K. Verma, Advocate)

AND:

Dr. J.L. Kaul & others                     ... Opp. Parties


                      JUDGMENT

This contempt petition was filed on 14.12.2017. As per office report, the contempt petition is barred by limitation.

2. On 29.12.2017, coordinate Bench of this Court granted ten days' time to remove the defects. More than three years have gone by since filing of this contempt petition.

3. Section 20 of the Contempt of Courts Act, 1971 reads as under:-

"20. Limitation for actions for contempt--No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

4. Perusal of the aforesaid provision indicates that the Act provides for limitation of one year. Since the order, contempt whereof is alleged, was passed on 11.04.2014 and more than three years, after filing of the contempt petition, notices have not been issued, in such view of the matter, contempt petition is barred by limitation.

5. Accordingly, contempt petition is dismissed.

(MANOJ KUMAR TIWARI, J.) Aswal