| Citation(s) |
|---|
| 2002 SLG 1824 2002 SLD 1824 2002 CLC 592 |
Sindh High Court
Constitutional Petition No.S-872 of 1974, Civil Miscellaneous Applications Nos.236 and 595 of 1996, decision dated: 7-02-2001
MUHAMMAD ASHRAF LEGHARI, J
M. Saleem for Petitioner. M. Sharif for
Respondent. Naraindas Motiani for
Respondent No. 3
Constitutional Petition No.S-872 of 1974, Civil Miscellaneous Applications Nos.236 and 595 of 1996, decision dated: 7-02-2001
MUHAMMAD ASHRAF LEGHARI, J
M. Saleem for Petitioner. M. Sharif for
Respondent. Naraindas Motiani for
Respondent No. 3
Mst. NANHI BEGUM
VS
CUSTODIAN EVACUEE PROPERTY
Law:
Section:
Contempt of Court Act (LXIV of 1976)-------S. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Disobedience of Court order---Accused persons were not party to the proceedings in which Court passed the order---Neither possession of the petitioner was disturbed, nor the accused persons were party to the proceedings in which the order allegedly disobeyed, was passed by the High Court---One of the accused persons had died during pendency of the contempt proceedings---Petitioner failed to prove on record that the accused persons were served with the order or they were in knowledge of the order and they had deliberately disobeyed or violated the Court -order ---Effect---No offence of contempt of Court had been proved in circumstances. Syed Ahmed Shah and another v. Malik Abdul Aziz PLD 1967 SC 42; Muhammad Swaleh v. Messrs United Grain and Fodder Agencies PLD 1964 SC 97; Abdul Majid and another v. Bashir Ahmed 1988 CLC 1370; Mst. Saeeda Akhtar and others v. Lal Din and others PLD 1981. Lah. 623; Soomar v. Noor Confectionary Works 1988 MLD 206; Lal Chand v. Sohan Lal and others AIR 1938 Lah. 220 and Puzhakkal Edom v. Mahdeva Patter AIR 1919 Mad. 772 ref. ORDER The petitioner Mst. Nanhi Begum and others have filed an application under section 3 of the Contempt of Court Act against the contemnors viz. Muhammad Urs Cario, Ghulam Muhammad Sher, Muhammad Hussa Khaskheli, Rasool Bux, Muhammad Rafiq, Kadir Bux, Imtiaz Ali, Trayyab Rind, Chuttal Rind, Shrimati Wani Bai, Pritamdas, wherein she has sought relief as under:-- , "It is, therefore, prayed that this Honourable Court would be pleased to take caution of matter and take action against , the contemner for violating the order of this Honourable Court." The brief facts of the case are that while disposing of this Petition No.S-872 of 1974 on 21-12-1989, learned Single Judge of this Court observed in its concluding para. as under:-- "It is further held that the stay order granted by the Custodian on 28-8-1965 after receiving the report, dated 27-5-1965 of the Additional Custodian, and which was to continue till the decision of the Petition No.F.4(3) of 1965, revives with the remand of the said…
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