𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
18.9K subscribers
852 photos
11 videos
1.72K files
3.09K links
πŸ“² Contact β†’ @CurrentLegalGKBOT

☺️ 360° Cases on topics.

Keywords: Civil Judge, MPCJ, UP PSCJ, Haryana ADA, DJS, CBI APP, RJS, JLO, CLAT PG, Supreme Court law clerk, AIBE, IBPS, UGC NET.
_____________
🧠 Daily Quiz β†’ @LegalQuizzes

β³πŸš€ Enjoy Learning!
Download Telegram
πŸ’―No difference between compounding and punishment of offence in effect.


The compounding of an offence is no different from conviction on trial and the only difference is that the accused is given the benefit of compounding on admission of guilt. The severity of punishment is not the sole criteria to determine the effect of a crime on the society. The involvement of the petitioner in the activity associated with gambling certainly pertains to moral turpitude and the writ Court shall have no jurisdiction to direct the employer to take the person like the petitioner in employment who was involved in such an activity,"

@CurrentLegalGK
❀1
𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
https://www.livelaw.in/top-stories/contempt-power-cant-be-used-to-execute-orders-supreme-court-explains-scope-of-contempt-jurisdiction-277981
Can contempt petition be filed and used as execution for decree, if defendent not complying.

The weapon of contempt will not be used for execution of the decree
or implementation of an order for which alternative remedy in law is provided
for.

Wilful disobedience

In civil contempt means πŸ€”

The civil contempt would mean a wilful disobedience of a decision of this Court. What would be relevant is the β€œwilful disobedience”. Hence, knowledge of having acted in disregard to an order is sine qua non for being proceeded with if there is a deliberate, conscience and intentional act then the jurisdiction can be clutched."

Chaduranga Kanthraj
vs
P Ravikumar 2025

Decree execution
#CPC@CurrentLegalGK
❀1😁1πŸ‘Œ1
MANU-TN-6021-2022-MAD20250813002508.pdf
305.8 KB
17. Apex Court has considered the issue as to
whether parallel proceedings viz execution proceedings and contempt proceedings are maintainable?

is concerned, we have no hesitation to hold that both the execution proceedings and the contempt petition are maintainable, as the former one is for recovery of amount and the latter is to punish the wilful disobedience of the order of the Court, provided it is established that execution proceedings and contempt proceedings are independent to each
other
.

The Apex Court has categorically held that without first taking recourse to execution proceedings, contempt cannot be entertained.

Only after initiation of E.P. (not after conclusion of the execution proceedings), contempt can be filed and it is for the Court to decide whether it is wilful and deliberate disobedience, depending on the facts of each case.

SC case Cited: R.N. Dey v. Bhagyabati Pramanik 2000


PVP Capital Limited
v
M/s Thirrupathi Brothers Films Media 2022 Mad HC



#CPC@CurrentLegalGK
πŸ‘2😁2πŸ‘Œ2❀1
𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
24-Hour Detention Period Begins When Accused Is Effectively Detained, Not Time Of Formal Arrest Recorded By Police: Kerala High Court https://www.livelaw.in/high-court/kerala-high-court/24-hour-detention-period-begins-from-actual-custody-not-formal-arrest…
Petitioner was taken into custody at 3 p.m. on January 25, 2025, pursuant to the alleged detection of possession of contraband, but his arrest memo was prepared nearly 23 hours later, at 2 p.m. on January 26. He was brought before the magistrate at 8 p.m. the same day β€” over 29 hours from initial custody.

β€œThe technique of not recording the arrest under one pretext or the other is often resorted to under the guise of investigation. Brutalities of police generally occur during these periods of uncontrolled authority. Unless there is a check, such unrecorded periods of custody can be the source of human rights violation,” it remarked.

@CurrentLegalGK