Case Details

Citation(s)
2000 SLG 1813 2000 SLD 1813 2000 CLC 387
Lahore High Court
Civil Revision No.932 of 1999, decision dated: 2-09-1999
MUHAMMAD AKHTAR SHABBIR, J
Ch. Saif Ullah Warraich for Petitioner. Ghulam Haider AlGhazali, Addl. AG. for
Respondents

SAID MUHAMMAD

VS

SULTAN AHMAD and 7 others

Law:

Section:

(a) Contempt of Court Act (LXIV of 1976)-------S. 3---Contempt of Court---Undertaking given to Court by a party--­Nature---Undertaking given to the Court by a party or his counsel has exactly the same force as an order made or injunction granted by the Court. Mst. Kishwar Sultan Jehan -Begum v. Aslam Avais and 3 others PLD 1976 Lah. 580 rel. (b) Contempt of Court Act (LXIV of 1976)--- ----Ss. 3 & 5(4)---Penal Code (XLV of 1860), 5.228---Contempt of Court--­Subordinate Courts, jurisdiction of---Subordinate Court could punish for contempt of Court under provisions of Ss.3 & 5(4) of Contempt of Court Act, 1976 and S.228, P.P.C. only where the contempt was committed in the face of the Court or its orders were disobeyed or disrespected. Yat Muhammad v. The State 1990 PCr.LJ 1736 ref. (c) Contempt of Court Act (LXIV of 1976)--- ----Ss. 3, 4 & 5(4)---Civil Procedure Code (V of 1908), O.XXXIX, R.2(3)---Contampt of Court---Jurisdiction of subordinate Courts---Suit was disposed of in the light of an undertaking given by the party---Application under O.XXXIX, R.2(3), C.P.C.. was filed by the contemner for violating the undertaking and Trial Court convicted the respondent for committing the contempt of Court---Validity---Subordinate Court could punish for contempt of Court only where the contempt was committed in the face of the Court q when its orders were disobeyed or were not respected---Civil Judge lacking the jurisdiction to try the contempt petition was directed to make reference to the High Court. Yar Muhammad v. The State 1990 PCr.1J 1736 rel. ORDER This revision petition under section 115, C.P.C. arises out of the facts, that the petitioner had instituted a suit for permanent injunction against respondents in the Court of Civil Judge, Gujranwala alleging therein the plaint that he had constructed his house on the land of Shamlot Deh adjacent to' the road and Khasra No. 854 in Mauza Ratta Dehthran Tehsil Noshera Virkan, District Gujranwala, and the respondent/defendants members of Qabza Group wanted to occupy the land of his house and to achieve their ends threatened him to dismantle the same. The petitioner prayed for restraining the respondents from…
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