| Citation(s) |
|---|
| 1983 SLG 490 1983 SLD 490 1983 PLD 113 |
Lahore High Court
Writ Petition No. 4195 of 1982, decided on 30th October, 1982
IRSHAD HASAN KHAN, J
Aitzaz Ahsan for Petitioners. Fayyaz Hussain Qadri for
Respondent No. 1. Khalil Ramdey, Asstt. A.G. for the State
Writ Petition No. 4195 of 1982, decided on 30th October, 1982
IRSHAD HASAN KHAN, J
Aitzaz Ahsan for Petitioners. Fayyaz Hussain Qadri for
Respondent No. 1. Khalil Ramdey, Asstt. A.G. for the State
BILQUEES BEGUM AND 3 others
VS
LAHORE MUNICIPAL CORPORATION AND 2 OTHERS --Respondents
Law:
Section:
(a) Contempt of Court Act (LXIV of 1976)- __,-- S. 3 read with Removal of Encroachments Order, 1981-[Martial Law Order M. L. A. Zone `A'] No. 821, para. 6-Illegal encroachment on Corportion land-Statement made by petitioner's representative in Court, ex facie false and inconsistent with application made by him to Secretary of Corporation-Clear misrepresentation of fact tantamounting to committing fraud on Court-Held, such person liable to be proceeded against under S. 3 of Act-Notice of Contempt, however, discharged in view of unqualified apology tendered by contemner. (b) Provisional Constitution Order (P. O. 1 of 1981)- -- Art. 9 read with Civil Procedure Code (V of 1908). O. VI, r. 5 and Removal of Encroachments Order, 1981 (Martial Law Order of M. L. A. Zone A), No. 821 para. 6-Writ petition-Petitioner impugning show cause notice served on him by Municipal Corporation for encroachment on its land-Necessary, further and better particulars enquired from petitioner by Court in terms of O. VI, r. 5 of C. P. Cain order to satisfy itself as to whether Corporation intends to demolish property in dispute without considering petitioner's reply and opportunity of being heard. (c) Provisional Constitution Order (P. O. 1 of 1981)- -- Arts. 9 & 15 read with Removal of Encroachments Order, 1981 (Martial Law Order of M. L. A. Zone 'A'), No. 821 para. 6Encroachment on property of Municipal Corporation-Show-cause notice-No objection as to jurisdiction raised in reply to show-cause notice-Participation of petitioner's representative in proceeding by attending Corporation's office not shown to be under protest-Held, petitioner cannot be permitted to turn round and question jurisdiction of Mayor of Corporation to hear objection to impugned show-cause notice.-[Jurisdiction]. The State v. Zia-ur-Rehman and others P L D 1973 S C 49; Mlss Asma Mani v. The Government of Punjab and another P L D 1972 S C 139; Federation of Pakistan v. Saeed Ahmad Khan and others P L D 1974 S C 151; Fazal Din alias Mina and others v. Commissioner, Peshawar Division and another P L D 1968 Pesh. 30; Ghulam Shabbir Shah v. Income-tax Officer, Lahore and 2 others P L D 1971 Lah. 34 and The Tariq…
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