| Citation(s) |
|---|
| 2003 SLG 2718 2003 SLD 2718 2003 CLC 1589 |
Lahore High Court
Intra-Court Appeals Nos.203 and 208 of 2002, decision dated: 30th April. 2003.
MUHAMMAD KHALID ALVI AND NAZIR AHMAD SIDDIQUI, JJ
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Intra-Court Appeals Nos.203 and 208 of 2002, decision dated: 30th April. 2003.
MUHAMMAD KHALID ALVI AND NAZIR AHMAD SIDDIQUI, JJ
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LIAQAT ALI
VS
TOWN COMMITTEE through Administrator and 5 others
Law:
Section:
Law Reforms Ordinance (XII of 1972)-------S. 3---Contempt of Court Ordinance (X of 1998), Ss.21 & 23---IntraCourt appeal---Maintainability---Contempt of Court---Registered sale-deed having not- been executed in favour of appellants despite concessional statement of Chief Officer of respondent-Authority in their favour, appellants filed criminal original applications in their pending Constitutional petitions, which were dismissed by High Court--Appellants had filed Intra-Court appeals against said order of High Court contending that they had filed Intra-Court appeals under S.21 of Contempt of Court Ordinance, 1998 as S.23 of said Ordinance had repealed Contempt of Court Act, 1976 and in the alternative it was contended by the appellants that appeals filed by them were also maintainable under S.3 of Law Reforms Ordinance, 1972---Contempt of Court Ordinance, 1998 had lived its life of four months only as it could not become an Act of Parliament and by virtue of Art.89 of Constitution ceased to exist as it stood repealed---Appeals filed by appellants under repealed Ordinance of 1998, were not maintainable---Such appeals were also not maintainable under S.3 of Law Reforms Ordinance, 1972 because under said provision of law an appeal was maintainable in two eventualities; firstly, if a decree or final order was passed by High Court in exercise of its original civil jurisdiction and secondly if an order was passed by a Single Judge of High Court under cl. (1) of Art.199 of Constitution---Case of appellants not falling in either of said two categories appeals` filed by them were not maintainable under S.3 of Law Reforms Ordinance, 1972. PLD 1979 SC 912; PLD 1995 SC 66; PLD 2000 SC 26 and 2003 Mian Muhammad Ashraf Saleemi for Appellant Muhammad Jahangir Arshad, A.A.-G ORDER Through this single order, we propose to dispose of I.C.A. No.203 of 2002 and I.C.A. No.208 of 2002, as commod questions of law and facts are involved in both the appeals. 2. Brief facts of the case are that the appellants earlier filed Writ Petitions Nos.295 of 1999 and 296/of 1999, claiming themselves to be in possession of some land owned by the Town Committee, Abdul Hakeem, declared as…
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