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But the contemnor, Qamar-ul-Islam Raja, not only headed the 18th BoD meeting of the PEF but also came up with major changes in all the rules and regulation of and increased 45 percent salaries of all the employees of the Foundation, the petitioner added.
possible alternatives, but it determined that a contemnor must receive
The contemnor is said to "carry the keys of their prison in their own pocket.
father" of the contemnor, but this was held to be insufficient evidence to raise the suspicion of an alter ego theory.
Therefore, it is argued that the delay in bringing the issue to the courts' notice should be a factor for the court to weigh whether the alleged contemnor deserves to be punished despite the delay, but should not bar the court from this determination simply because of the delay.
36) For example, if a contemnor somehow entangles the judge in the incident (for example, by repeatedly antagonizing the judge) and if the contempt is not summarily punished, due process demands that the contempt proceeding be held in front of another judge.
In an inherent contempt proceeding, the offender is tried at the bar of the House or Senate and can be held in custody until such time as the contemnor provides the testimony or documents sought, or until the end of the session.
If spoliation of evidence can justify a dismissal of an action once it has been commenced,(42) then a court should have power to prohibit a contemnor who has "spoiled" evidence in violation of a restraining order from initiating or maintaining claims to which the evidence would be relevant.
The rule of thumb, one federal judge noted in a case back in 1986, is that "a contemnor who has shown sufficient fortitude to withstand about six months in jail is entitled to release.