| Case ID |
4439b564-5c78-480a-9f3e-3868c6374cef |
| Body |
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| Case Number |
Criminal Appeal No. 802 of 1995 |
| Decision Date |
Apr 17, 2003 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the invalidation of the registered sale deed was set aside. The court found that the learned Judge-in-Chamber had acted beyond jurisdiction by invalidating the sale deed through contempt proceedings, which should not have affected the civil rights of the appellant. The court emphasized that the matter of contempt should primarily lie between the court and the alleged contemner, and third parties should not be adversely affected without due process. The parties were advised to seek recourse in a civil court to determine the validity of the registered sale deed, thereby ensuring that the principles of natural justice were upheld. |
| Summary |
In the case of Razia Yaqub vs. Malik Mohammad Ashiq, the Lahore High Court addressed significant issues regarding the jurisdiction of contempt proceedings. The case arose from a contempt petition filed by the respondent, alleging that the appellant had violated a status quo order concerning property transfer. The court ruled that the learned Judge-in-Chamber had exceeded his authority by invalidating a registered sale deed through contempt proceedings. This ruling highlighted the importance of protecting civil rights and ensuring that individuals are not condemned unheard. The court ultimately allowed the appeal, reinforcing the principle that matters of contempt should not infringe upon the rights of third parties without proper legal proceedings. The decision underscores the balance between enforcing court orders and safeguarding individual rights, making it a landmark case in the interpretation of the Contempt of Court Act, 1976. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA MUHAMMAD SHARIF,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Ijaz-Hussain Batalvi for Appellant,
Malik Waqar Saleem for Legal Heirs with Kh. Abrar Majal of Respondent No. 1,
Nemo for Respondents Nos. 2 and 3
|
| Petitioners |
MIS.RAZIA YAQUB
|
| Respondents |
,
Malik MOHAMMAD ASHIQ
|
| Citations |
2003 SLD 3311,
2003 PLD 489
|
| Other Citations |
West Pakistan Water and Power Development Authority through Chairman v. Chairman, National Industrial Relations Commission PLD 1979 SC 912,
Mst. Saeeda Akhtar and others v. Lal Din and others PLD 1981 Lah. 623,
Darbari Ram and another v. Ghulam Farid-Fazal Karim and others AIR 1930 Lah. 858,
Sukhdeo Rai and others v. Ram Narain Rai and another AIR 1930 All. 387,
Muhammad Sabir Khan and 13 others v. Rahim Bakhsh and 16 others PLD 2002 SC 303,
Muhammad Sharif and others v. Lahore Development Authority and others 1989 MLD 95
|
| Laws Involved |
Contempt of Court Act (LXIV of 1976)
|
| Sections |
10,
4
|