| Citation(s) |
|---|
| 1975 SLG 138 1975 SLD 138 1975 SCMR 76 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-163 of 1973, decision dated: 2nd September 1974
MUHAMMAD YAQUB ALI AND SALAHUDDIN AHMED, JJ
S. Sami Ahmad, Advocate Supreme Court instructed by Ali Akbar, Advocate-on-Record for Petitioner. Muzaffar Ahmad, Advocate-on-Record for
Respondents
Civil Petition for Special Leave to Appeal No. K-163 of 1973, decision dated: 2nd September 1974
MUHAMMAD YAQUB ALI AND SALAHUDDIN AHMED, JJ
S. Sami Ahmad, Advocate Supreme Court instructed by Ali Akbar, Advocate-on-Record for Petitioner. Muzaffar Ahmad, Advocate-on-Record for
Respondents
MUHAMMAD TAQI
VS
GOVERNMENT OF PAKISTAN AND ANOTHER
Law:
Section:
Constitution of Pakistan (1973) ----Art. 204Contempt of CourtPleas raised by -Petitioner in writ petition and in petition for special leave to appeal of his being unaware of any proceedings culminating in a certain adjudication orderFound utterly false to his knowledge-Petitioner obtaining stay order from High Court and interim stay order from Supreme Court on basis of such false representations-Petitioner, held, prima facie guilty of abusing process of High Court and Supreme Court Petition for leave to appeal dismissedNotice issued calling upon -Petitioner to show cause against being punished for contempt of Court. ORDER MUHAMMAD YAQUB ALI, J. On the 29111 August 1973, the -Petitioner filed Writ Petition No. 915 of 1973 in the High Court of Sind Baluchistan with the prayer that the certificate issued by the Collector of Central Excise and Land Customs, Karachi, on 2?rd of July, 1973, for recovery of Rs. 95,280 from him as land revenue be quashed as without lawful authority and that the proceedings initiated by the City Deputy Collector, Karachi, for recovery in pursuance to the impugned certificate may be quashed as void and illegal. The prayer in the writ petition proceeded on the averment that the -Petitioner was taken by surprise by the action of the city Deputy Collector karachi and asked for inspection of the case file and grant of certified copies of the relevant documents On the 23rd August 1973 the Assistant Collector Central Excise and Land Customs Karachi made available to the -Petitioner a coy of the adjudication order which was prepared from and unsigned copy dated 29-5-1973 and a copy of the certificate for the realization of excise duty from the -Petitioner bearing the date 23rd July 1973. In the next succeeding paragraph of the petition it was asserted that no order of adjudication exists at all in pursuance wherof the -Respondent nNo.2 has initiated recovery proceedings against the -Petitioner for realizaion to the amount of Rs 97,1785. The inquiry proceedings are therefore wholly illegal ultra vires arbitrary and without jurisdiction." In the parawise comments submitted by the Superintendent, Central Excise, Circle 'B', Karachi, it was stated…
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