validity of order with no jurisdiction
I have recently recieved a certain order for a court which goes against my interest, although now i have realised that the order is given by a court having no jurisdiction. will it be contempt if i choose to ignore this order? how should i go about this?
In case of lack of jurisdiction, courts have made a distinction between lack of territorial or pecuniary jurisdiction and lack of inherent jurisdiction. If you are talking about former then the person shall be liable for contempt of Court’s order even if pecuniary or territorial jurisdiction is missing because it can be rectified. But if the order is itself invalid because of lack of inherent jurisdiction or if it is not specific and clear, such order will not constitute any contempt. Why should an innocent person suffer because of the mistake of the court itself?? If the court lacks inherent jurisdiction, the aggrieved person should file a revision in higher court and get such order quashed.
However, if it is case of lack of territorial or pecuniary jurisdiction, you may file review in same court for the ground of lack of jurisdiction. Moreover, if the opposite party does not file contempt petition against you within one year from non-compliance of order, you can take defence of delay if the contempt petition is filed after one year because as per the law laid down by Hon’ble Supreme Court such delay cannot be condoned in any case.
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