| Citation(s) |
|---|
| 2021 SLG 116 2021 SLD 116 2021 CLC 1 |
Lahore High Court
I.C.A. No. 47541 of 2020, decision Dated: 1st October, 2020.
SHAHID WAHEED, JUSTICE CH. MUHAMMAD IQBAL, JUSTICE
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I.C.A. No. 47541 of 2020, decision Dated: 1st October, 2020.
SHAHID WAHEED, JUSTICE CH. MUHAMMAD IQBAL, JUSTICE
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MUHAMMAD MOHSIN RAFIQ AND OTHERS
VS
MESSRS SIDDIQUI & CO.
Law: Civil Procedure Code (V of 1908)
Section: 2(14)
Law: Contempt of Court Ordinance, 2003
Section: 3,19
Law: Constitution of Pakistan, 1973
Section: 204
(a) Civil Procedure Code (V of 1908)--- ----S.2(14) O.XLIII---Order---Connotation---Word order means the formal expression of any final decision--- Any order which is not found on any decision is devoid of attaining status of an order. (b) Contempt of Court Ordinance (IV of 2003)--- ----Ss.3 19---Constitution of Pakistan, Art. 204---Contempt of Court---Words orders passed in contempt---Scope---Importer was aggrieved of non-compliance of orders of release of vehicle by Customs Authorities, therefore, he filed contempt application---Single Judge of High Court before invoking contempt proceedings allowed one week time to the authorities for compliance of the order--- Validity--- Only such orders, decisions, s which finally terminated contempt proceedings against contemnor were appealable--- Words orders passed in contempt meant the order only awarding punishment and it was that order which could be assailed in Intra Court Appeal--- Interlocutory, interim or procedural orders did not fall within the ambit of order passed in contempt of Court--- Authorities assailed interim procedural order of Single Judge of High Court which they were deliberately avoiding to comply with the direction and lingering on the matter on one pretext or the other--- Intra Court Appeal was dismissed, in circumstances. West Pakistan Water and Power Development Authority through its Chairman v. Chairman, National Industrial Relations Commission PLD 1979 SC 912; M.H. Khondkar and another v. The State and another and M. Noman v. The Dacca Improvement Trust and 3 others 1971 SCMR 743; Midnapore Peoples Co-op. Bank Ltd. v. Chunilal Nanda AIR 2006 SC 2190; B.N.Taneja (IFS) v. Bhajan Lal 1988 (3) SCC 26; Union of India v. Mario Cabrale Sa AIR 1982 SC 691; State of Maharashtra v. Mahboob S. Allibhoy 1996 (4) SCC 411 and J.S. Parihar v. Ganpat Duggar 1996 (6) SCC 291 ref. ORDER This Intra Court Appeal under Section 19 of the Contempt of Court Ordinance, 2003 has been filed against the order dated 24.09.2020, passed by the learned Single Judge-in-Chamber in Crl.Org.No.43053 of 2020, filed by the respondent. 2. Brief facts of the case are that the respondent imported vehicles which were seized by the…
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