Limitation Act Inapplicable To Contempt Proceedings: Gujarat High Court Refuses To Condone 389 Days Delay

The Gujarat High Court has held that the provisions of the Limitation Act, 1963 do not apply to contempt proceedings. In this light, it refused to entertain a contempt petition filed with a delay of over 1 year.

A Bench comprising Chief Justice Aravind Kumar and Justice Ashutosh Shastri noted that as per Section 20 of the Contempt of Courts Act, proceedings for contempt cannot be initiated by a Court, 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.

Admittedly, the present petition was filed with a delay of 389 days, which is beyond the stipulated limitation period.

The Bench added that the said delay cannot be condoned by invoking Section 5 (Extension of prescribed period in certain cases) of the Limitation Act since the same is not applicable to contempt proceedings. The order stated,

"Section 20 of the Contempt of Courts Act, 1971 being clear and specific and the provisions of the Limitation Act, 1963 being inapplicable to the contempt proceedings, Civil Application No.3558 of 2019 cannot be entertained and it stands rejected."

Related Reads:

Contempt Action Cannot Be Taken After The Period Of Limitation Under Sec.20 Contempt Of Courts Act : Madras HC

One year limitation period applicable for suo-motu contempt proceedings as well: SC

Case Citation: 2022 LiveLaw (Guj) 191

Case Title: RANJEETSINH GAMBHIRSINH JADEJA v/s AGRICULTURE PRODUCE MARKET COMMITTEE