Law: Sindh Rented Premises Ordinance, 1979

Section: 19

Law: Criminal Procedure Code (V of 1898)

Section: 476

(a) Sindh Rented Premises Ordinance (RVII of 1979)     S. 19 Rent Controller whether a Court Rent Controller under the Sindh Rented Premises Ordinance, 1979, conducts judicial proceedings, receives evidence on oath and performs no executive functions and is, therefore, a Court within the known relevant meanings of the word.   (b) Criminal Procedure Code (V of 1898) ¬    S. 476 Sindh Rented Premises Ordinance (XVII of 1979), Preamble West Pakistan Family Courts Act (XXXV of 1964). Preamble-----Disputes within the jurisdiction of Rent Controller or a Family Court are civil disputes about private rights and these Courts, therefore, are Civil Courts within the meaning of S.476, Cr.P.C.   (c) Criminal Procedure Code (V of 1898)     Ss. 476, 439 A 561 A Sindh Rented Premises Ordinance (XVII of 1979), S.19 Quashing of order Applicant (tenant) in execution proceedings against him filed an application for taking action against the respondent (landlord) under S.476, Cr.P.C. for alleged perjury committed before the Rent Controller, which was dismissed Revision petition filed by the applicant against the said order was dismissed by the Sessions Court by means of the impugned order on the ground that Rent Controller was not a Civil Court before whom 5.476, Cr.P.C. read with 5.193, P.P.C. was not applicable Held. Rent Controller under Sindh Rented Premises Ordinance. 1979, was a Court included in the category of Civil Courts given in S.476. Cr.P.C. and he could, therefore, take cognizance of an offence under S.476. Cr.P.C. Revisional powers of Session Court under SA39 A. Cr.P.C. were in respect of proceedings before a Magistrate only and while execution powers under S.476. Cr.P.C. a Court could not become a Magistrate ¬Sessions Court, therefore, could not exercise its revisional powers and the impugned order was without jurisdiction and the same was consequently set aside Matter was remanded to the Rent Controller for reconsideration of the application filed under 5.476. Cr.P.C.   Abdul Haleem v. The State 1994 SCMR 1103: Abdul Razzak v. Muhammad Raghib and another 1988 MLD 2801 and Khadim Mohiuddin and another v. Ch.…

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