| Citation(s) |
|---|
| 1974 SLG 262 1974 SLD 262 1974 SCMR 533 |
Supreme Court of Pakistan
Civil Miscellaneous No. 110 of 1974 in Civil Petition for Special Leave to Appeal No. 56 of 1973, decision dated: 19th April 1974. (In the matter of contempt)
MUHAMMAD YAQUB ALI, WAHEEDUDDIN AHMAD AND ANWARUL HAQ, JJ
Raja Abdul Razzaque, Advocate-on-Record for Petitioner. Muhammad Arif, Advocate instructed by Ejaz Ahmad Khan, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondent No. 2
Civil Miscellaneous No. 110 of 1974 in Civil Petition for Special Leave to Appeal No. 56 of 1973, decision dated: 19th April 1974. (In the matter of contempt)
MUHAMMAD YAQUB ALI, WAHEEDUDDIN AHMAD AND ANWARUL HAQ, JJ
Raja Abdul Razzaque, Advocate-on-Record for Petitioner. Muhammad Arif, Advocate instructed by Ejaz Ahmad Khan, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondent No. 2
Miss S. N. NAQVI
VS
LT.COL. MUHAMMAD AMIR KHAN AND another
Law:
Section:
Constitution of Pakistan (1973)-----Art. 204-Contempt of Court-Respondent tendering apology and.,,., correctly stating that orders in question was never conveyed to him by his counsel or special attorney-Respondent also carrying out orders of Court-Rule discharged but counsel reminded of his duty to have conveyed order even though special attorney did not contact him and hope expressed of counsel being more careful in future . ORDER ANWARUL HAQ, J.-While granting leave in Civil Petition for Special Leave to Appeal No. 56 of 1973, an order was made by this Court on the 5th of October 1973, to the effect that the proceedings initiated by respondent No. 1 for the ejectment of the petitioner in the Court of the Rent Controller shall remain stayed, but the petitioner will continue to deposit monthly rent in that Court during the pendency of the appeal as envisaged by section 13(6) of the Rent Restriction Ordinance. By means of C. M. Application No. 110 of 1974, it was alleged by the petitioner that in complete disregard of this order, respondent No. 1 had continued with ejectment proceedings in the Court of the Rent Controller and obtained an order of ejectment, and had also obtained physical possession of the premises in dispute in execution of the Rent Controller's order. It was alleged in the application that all these proceedings were taken by the respondent as well as the Rent Controller after our order dated the 5th of October 1973, had been passed. When this application came up for hearing on the 14th of March 1974, it was observed that there was no averment that the order dated the 5th of October 1973, was ever conveyed to the Rent Controller, Jhelum. Accordingly, we did not consider it necessary to issue any notice to the Rent Controller, but directed that a notice shall go to respondent No. 1 to show cause why he should not be punished for contempt of this Court inasmuch as he had disobeyed the interim order dated the 5th of October 1973. We also directed that the possession of the disputed premises shall be restored to the petitioner…
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