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Section 9

Contempt of court rules, high Court, madras, 1975.Central Rules · 1971

(1) Whenever notice of the application for contempt to the alleged contemner is ordered by the court and the court is satisfied that the person to whom notice is ordered is keeping out of the way to avoid service, or has absconded, the court may Order substituted service and also order his arrest.

(2) If the person in contempt cannot be arrested by reason of his absconding or keeping one of the way to avoid arrest, the court may, upon being satisfied thereof, grant an order for the attachment of the property of the person in contempt, to such amount as the court deems reasonable, which attachment shall be proceeded with in the same manner as upon execution of a decree for money. If, after such attachment, the person in contempt, appears and shows to the satisfaction of the court that he did not abscond, or keep out of the way to avoid arrest, and complies in all respects with the judgment, decree, direction, order, writ or other process of the court or the undertaking given to the court, or shows sufficient cause for his failure to do so, the court shall order the release of the property from attachment upon such terms as to costs, and otherwise, as the court thinks fit.

(3) Every person arrested for contempt shall be brought before the court forthwith, and may be examined orally. If he confesses the contempt committed by him, and submits to the judgment of the court thereon, his submission and confession shall be recorded; and the court may, in its discretion either commit him to jailor accept bail for his appearance before the court, at such time as may be appointed, to receive the judgment of the court for his contempt.

(4) If the person in contempt appears or is brought before the court and fails or refuses without lawful excuse to comply in all respects with the judgment, decree, direction, order, writ or other process of court or undertaking given to the court, the court may commit him to jail for such limited time as the court thinks fit, subject to the provisions of Sec.12 of the Contempt of Courts Act, 1971, unless and until he complies in all respects with the judgment, decree, direction, order, writ or other process of court or the undertaking given to the court in which case he shall be entitled to apply, to the court, for his discharge from imprisonment.

(5) If, at the end of the time limited in the warrant of imprisonment, the person in contempt persists in his disobedience of the judgment, decree, direction, order, writ or other process of court or the undertaking given to the court, his property may be attached in the manner provided for the attachment of property in execution of a decree for money, and the said attachment shall continue until the said person complies with the judgment, decree, direction, order, writ or other process of court or the undertaking given to the court in all things to be immediately performed and gives such security as the court directs for compliance with the other parts of the judgment, decree, direction. order, writ or the process of court or the undertaking given to the court, if any, at the future days and time thereby appointed or until the court orders the property to be released.

(6) At any stage of a suit, appeal, application, petition or any other proceedings, the court may of its own motion direct the attachment of the property of the person alleged to be in contempt.

Where this provision sits

ActContempt of court rules, high Court, madras, 1975.
Section9
JurisdictionCentral
StatusIn force as published by the source

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