| Case ID |
d32965a2-296c-4f1e-b2d2-a20c25317e76 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 27 of 1981/Civil Petiti |
| Decision Date |
Mar 07, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the respondents, having obtained a stay based on their undertaking, cannot question the order of payment of mesne profits. The Assistant Commissioner, Chunian, is directed to calculate and award the mesne profits as per the Court's order within three months. This decision reinforces the principle that once parties consent to an order, they cannot later contest its validity if they have benefited from it. It emphasizes the importance of adhering to court orders and the consequences of non-compliance, thereby upholding the integrity of the judicial process. |
| Summary |
In the case of Abdul Hameed and Others vs. Imam Din and Others, decided on March 7, 1982, the Supreme Court of Pakistan examined the implications of a temporary injunction and the consequent obligation to pay mesne profits. The respondents had initially secured a stay order based on their undertaking to pay mesne profits, yet later contested the order's validity. The Court firmly established that such a challenge was not permissible after having benefited from the stay. This case highlights critical aspects of contempt of court, the enforcement of temporary injunctions, and the responsibilities of parties in compliance with court orders. The ruling underscores the importance of legal compliance and the consequences of breaching court directives, ensuring that the judicial process is respected and upheld. Key legal principles related to contempt of court and temporary injunctions were addressed, making this case significant in the realm of legal precedents within Pakistan's judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
M. S. H. QURAISHI
|
| Lawyers |
Sardar Roshan Ali, Advocate Supreme Court,
Sh. Masood Akhtar, Advocate on-Record,
Kh. Mushtaq Ahmad, Advocate on-Record
|
| Petitioners |
OTHERS,
ABDUL HAMEED
|
| Respondents |
OTHERS,
IMAM DIN
|
| Citations |
1983 SLD 388,
1983 SCMR 611
|
| Other Citations |
Not available
|
| Laws Involved |
Supreme Court Rules, 1980,
Contempt of Court Act (LXIV of 1976)
|
| Sections |
O. XXVII, r. 1,
S. 3
|