| Case ID |
2b46c8a0-7b2d-4f94-bb74-2ceee40e150e |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
Jun 01, 1993 |
| Hearing Date |
Dec 12, 1992 |
| Decision |
The court held that the act of contempt was established due to the defendants' intentional disregard of the court's orders. It was determined that knowledge of the order sufficed for proving contempt, and that actions taken despite such knowledge were intentional, thereby justifying the court's authority to enforce compliance. The provisions of the Civil Procedure Code were invoked, highlighting the necessity of maintaining order and preventing disobedience to court orders. The court emphasized the importance of clear communication of orders and the implications for parties involved, ultimately leading to a directive for the involved parties to rectify the situation and comply with the court's orders. |
| Summary |
The case revolves around contempt of court proceedings initiated by Emirates Bank International Limited against Adamjee Industries Limited and several others for breaching court orders regarding the sale and management of properties. The court underscored that knowledge of the court's injunction was sufficient to establish contempt, regardless of formal service. The ruling emphasized the principle that disobedience to court orders undermines judicial authority and the integrity of the legal process. The court's decision highlighted the importance of adherence to procedural guidelines as outlined in the Civil Procedure Code, particularly concerning temporary injunctions and the enforcement of court orders. This case serves as a critical reminder of the consequences of contempt and the need for all parties to respect judicial directives to maintain order and justice within the legal framework. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
EMIRATES BANK INTERNATIONAL LIMITED,
ADAMJEE INDUSTRIES LIMITED
|
| Judges |
WAJIHUDDIN AHMED, J
|
| Lawyers |
Sajid Zahid for Plaintiff,
Mansoorul Arfin for Defendants No. 1, 5, 7 to 12, 14 and 15,
I.A. Hashmi for Defendants Nos. 2 and 4,
Raja H. Nawaz for Defendants Nos. 3 and 6,
Khalid Anwar for Defendant No. 13,
Muhammad Ali Saeed for the alleged Contemnors,
A.I. Chundrigar for the N.B.P.
|
| Petitioners |
EMIRATES BANK INTERNATIONAL LIMITED, KARACHI
|
| Respondents |
ADAMJEE INDUSTRIES LIMITED, KARACHI,
Defendants No. 2,
Defendants No. 3,
Defendants No. 4,
Defendants No. 5,
Defendants No. 6,
Defendants No. 7,
Defendants No. 8,
Defendants No. 9,
Defendants No. 10,
Defendants No. 11,
Defendants No. 12,
Defendants No. 13,
Defendants No. 14,
Defendants No. 15
|
| Citations |
1993 SLD 854 = 1993 CLC 489
|
| Other Citations |
A.N.M. Mahmood v. M.O. Ghani PLD 1967 Dacca 67,
M.O. Ghani v. A.N.M. Mahmood PLD 1966 SC 802,
Ahmad Shah v. State PLD 1967 SC 42,
Hayat Ahmed Khan v. Bashir Sadiq PLD 1952 Lah. 48
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
OXXXIX, R.2(3),
Ss.94 & 151
|