| Citation(s) |
|---|
| 2003 SLG 2825 2003 SLD 2825 2003 CLC 987 |
Sindh High Court
Constitutional Petition No-.3306 of 1993, decision dated: 31st January, 2003
SABIHUDDIN AHMED AND ALI ASLAM, JAFRI, JJ
Saalim Salam Ansari for Petitioners. Rasheed-ud-Din Ahmed for
Respondent No. 1. Suleman Habibullah A.A.G
Constitutional Petition No-.3306 of 1993, decision dated: 31st January, 2003
SABIHUDDIN AHMED AND ALI ASLAM, JAFRI, JJ
Saalim Salam Ansari for Petitioners. Rasheed-ud-Din Ahmed for
Respondent No. 1. Suleman Habibullah A.A.G
NOOR MUHAMMAD and others
VS
KARACHI BUILDINGS CONTROL AUTHORITY, K.M.C. through Chief Controller, Karachi and 6 others
Law:
Section:
Constitution of Pakistan (1973)----------Arts. 204 & 199---Contempt of Court Act (LXIV of 1976); Ss.3 & 4---Withdrawal of Constitutional petition by petitioner under bona fide belief that respondent was alive to and interested in performing its duty---Such belief had been caused by a false statement---High Court allowed petitioners' application recalled order of withdrawal for decision of case on merits and directed contemnor to show cause for making deliberately a false statement in parawise comments. ORDER Mr. Saalim Salam Ansari learned counsel for the petitioner has contended that the order dated 7-3-1994 was obtained by fraud and misrepresentation inasmuch as the respondent No.l in their parawise comments had clearly stated that they were helpless in performing their statutory duty on the ground that they have been restrained from demolishing the premises by interim order passed by VI Court of Senior Civil Judge, Karachi South, in Suit No.1112 of 1993. Therefore since it was stated in Court that the injunction had since been vacated the petitioner in good faith believed that the respondent No. l would not perform its duty ordained -by law and therefore did not press the petition.…
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