Law:

Section:

Contempt of Courts Act (XII of 1926)- -- S. 3-Contempt of Court-Proceedings for contempt of Court­ Criminal in nature-All doubts to be excluded before recording conviction--Lower Court construing Receiver's statement to establish dispossession without sifting facts and statement of Receiver in fact failing to establish appellants having refused him entry on premixes in dispute-Conviction quashed. Oswald's Contempt of Court, 3rd Edn., p. 7 ref. JUDGMENT MUHAMMAD HALEEM. J.-This appeal is as of right under Article 185(2) (c) of the Constitution against the judgment dated 7-10-1974 of a learned Single Judge of the Peshawar High Court whereby the appellants were found guilty under section 3 of the Contempt of Courts Act, 1926 and while the first appellant was sentenced to suffer simple imprisonment for three months and to pay a fine of R. 2,000 or in default to suffer one month's simple imprison­ment, the second to undergo simple imprisonment for three months. Consequent upon the judgment in the suit filed by the first appellant for rendition of accounts against the first respondent and the order passed in appeal by the District Judge appointing him as Receiver of Falakshair Cinema, Peshawar Cantt Second Appeal No. 64 of 1973 and F. A. O. No. 1 of 1974 were fled by the first respondent which were disposed of. by a learned Single Judge of the Peshawar High Court by a common order dated 4-4-1974 by which a preliminary decree was made in favour of the first appellant but the order appointing him as Receiver was set aside. Paragraph 4 of the preliminary decree required the trial Court to appoint a Receiver and by order dared 29-5-1974, the Senior Civil Judge. Peshawar appointed Haji Maqsood Ahmad, Advocate as Receiver who took over possession of the Cinema on 17-5 1974, leaving the residential fiat in the possession of the first appellant. The Receiver dispensed with the services of the second appellant on 27-5-1975 who till then was employed as Supervisor. The second appellant, it may here be stated, was acting as an Attorney of the first appellant but his power to act as such was revoked can 20-12-1973. The Receiver appointed Iqbal Hussain as Manager of the Cinema on…

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