| Citation(s) |
|---|
| 2016 SLG 2267 2016 SLD 2267 2016 YLR 1073 |
Supreme Court (AJ&K)
Criminal Original No. 15 of 2014, decided on 24-06-2015. Date of hearing: 17-06-2015. (Application for initiating of Contempt of Court Proceedings).
CH. MUHAMMAD IBRAHIM ZIA AND RAJA SAEED AKRAM KHAN, JUSTICE
Raja Khalid Mehmod Khan for
Respondents.
Criminal Original No. 15 of 2014, decided on 24-06-2015. Date of hearing: 17-06-2015. (Application for initiating of Contempt of Court Proceedings).
CH. MUHAMMAD IBRAHIM ZIA AND RAJA SAEED AKRAM KHAN, JUSTICE
Raja Khalid Mehmod Khan for
Respondents.
HABIB-UR-REHMAN
VS
. SARDAR ADNAN KHURSHID, COLLECTOR DISTRICT BHIMBER AND 4 OTHERS
Law:
Section:
Azad Jammu and Kashmir Supreme Court Rules, 1978--- ----O. XLVII----Suit for rectification of instruments/gift-deed---Proceedings in relation to the contempt of Court---Second application, maintainability of---Costs awarded for filing baseless application---Plaintiff, along with his brother, filed suit for correction of a gift deed, which had been decreed by the Trial Court and the decree had been upheld up to the Supreme Court---Plaintiff filed present petition for initiation of contempt proceedings against the respondents, revenue officials, on ground that they had sanctioned the mutation in violation of the and decree of the Supreme Court---Validity---Supreme Court, condemning conduct of the plaintiff, had dismissed the first contempt application filed by him on the identical grounds, while observing that the respondents had sanctioned the mutation in question quite in accordance with the spirit of said Judgment of the Supreme Court---Plaintiff was habitual litigant, who filed baseless cases without any legal or factual justification, which conduct amounted to misleading the Court---Plaintiff failed to justify filing of present contempt application---Supreme Court imposed costs of Rs.10,000/- on the plaintiff for his said conduct---Contempt application was dismissed accordingly. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:---------- This application has been filed for initiating contempt of Court proceedings against the respondents, herein, for violation of the judgments of this Court dated 27.10.2007 and 25.06.2013. 2. The brief facts giving rise to the instant petition are that the petitioner and his brothers, Muhammad Iqbal and Mehdi, instituted a civil suit in the Court of Civil Judge, Bhimber seeking correction in the gift-deed dated 21.03.1995. The said suit was decreed vide judgment and decree dated 04.09.1997 and upheld by this Court vide judgment dated 27.10.2007. Through the said judgment, the petitioner and his brothers were declared entitled to three shares in equal proportion in the suit land measuring 19 kanal 7 marla whereas, Zaheer-ud-Din Babar, respondent No. 1 therein, was declared entitled of remaining 10 kanal land.…
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