Case Details

Citation(s)
2020 SLG 476 2020 SLD 476 2020 MLD 308
Sindh High Court
C. P. No .D-229 of 2011, decision & hearing Dated: 28-02-2019.
MUHAMMAD IQBAL KALHORO, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Naimatullah Soomro
Respondent(s) by: Imran Qureshi for HMC along with Syed Afaque Ahmed Rizvi Director (Land) HMC

MUHAMMAD ASLAM

VS

PROVINCE OF SINDH THROUGH CHIEF SECRETARY, KARACHI AND 6 OTHERS

Law: Contempt of Court Ordinance, 2003

Section: 3,4

Law: Constitution of Pakistan, 1973

Section: 204

Contempt of Court Ordinance (V of 2003)--- ----S. 3---Constitution of Pakistan, Art. 204---Contempt of court---Substantial compliance of the order---Effect---Petitioner filed application for initiation of contempt proceedings against respondent on the ground that he had failed to honour his commitment of setting up a cabin within the area from where he had been ejected---Authorities placed on record the photographs which explicitly showed that the wall had been erected before a closed gate for providing required space to the petitioner---Petitioner contended that the cabin which was originally available at the location had not been provided---Validity---For maintaining a case for contempt of court, there must be some act done or writing published calculated to bring a Court or judge of a court into contempt or to lower his authority by something calculated to obstruct or interfere with the due course of justice or lawful purpose of the court or disregard an order, direction or process of court which a person was legally bound to obey; or wilful breach of an undertaking given to a court; or any act intended to or which tend to bring the authority of court or the administration of law into disrespect or disrepute and to obstruct, interfere, or prejudice the process of law or the due course of any judicial proceedings falling within the category of contempt of court---Petitioner had failed to point out that the action of the alleged contemnor fell within the aforesaid categories---Authorities had substantially complied with the order passed by the court---No action for contempt of court was required---Application was dismissed. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, J.--- The instant petition was disposed of vide order dated 20.12.2012 with following observation:- "In pursuance to earlier order Syed Afaque Ahmed Rizvi T.O.R, is present in Court. He says that if fifteen days' time is allowed to him he will provide a space having area about 5.6 x 5.6 feet for setting up a cabin within the area from where Petitioner was ejected for accommodating others. Learned counsel for Petitioner is present along with Petitioner. The offer made by T.O.R is acceptable to…
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