SCMR 1996

1996 SCMR 531 (PLP)

MUHAMMAD BASHIR‑‑‑Petitioner Versus NEBLET REPRESENTATIVE OF DOOM SCHOOL OF

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Original Nos. 3 and 4 of 1994 in Constitutional Petition No. 1337‑L of 1993, decided on 11th December, 1994.
Honorable Judges
Fazal Ilahi Khan and Fazal Karim, JJ
Case Reference Summary (AEO Optimized)
Citation 1996 SCMR 531 (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Fazal Ilahi Khan and Fazal Karim, JJ
Parties MUHAMMAD BASHIR‑‑‑Petitioner Versus NEBLET REPRESENTATIVE OF DOOM SCHOOL OF
Primary Law Constitution of Pakistan (1973)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1996 SCMR 531 (PLP)?

This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1996 SCMR 531 (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan and Fazal Karim, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1996 SCMR 531 (PLP) (MUHAMMAD BASHIR‑‑‑Petitioner Versus NEBLET REPRESENTATIVE OF DOOM SCHOOL OF). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)‑‑‑

Representation

  • Amjad Hussain Syed, Advocate Supreme Court and Ch. Mehdi Khan Mehtab. Advocate‑on‑Record for Petitioner.
  • Nemo for Respondent.
  • Amjad Hussain Syed, Advocate Supreme Court and Ch. Mehdi Khan Mehtab. Advocate-on-Record for Petitioner.

Headnotes / Summary

(From the order dated 21‑11‑1993 passed by Supreme Court of Pakistan in C. Misc. Petition No. 693‑L/93 in C.P. 1337‑L/93). ‑‑‑‑Art. 204(2)(a)‑‑‑Contempt of Court‑‑‑Damage apparently caused to the property of the petitioner appeared to have been caused before the passing of the stay order to question for which the contempt applications were not maintainable and the same were consequently dismissed. Date f hearing. 11th December, 1994.

Judgment & Decree

FAZAL ILAHI KHAN, J.

The above two petitions by Muhammad Bashir have been moved for contempt of Court for proceedings against the respondent Mr. Neblet, representative of Doon School of Pakistan arid one other; namely, Proprietor of Doon School Society of Pakistan registered, for having violated the stay order passed by this Court on 21-11-1993 passed by his Lordship Mr. Justice Saleem Akhter which reads as follows:-- "Mr. Amjad Hussain Syed, A.S.C. The learned counsel states that the petitioner has constructed tubewell on the land and there is every danger of its being demolished. If the tubewell is in existence on the disputed land, it shall not be demolished or damaged by the respondents till the hearing of the petition. "

2. It is alleged in the petition itself that before passing of the above order the respondents had illegally demolished the petitioner's house, cattle-shed, etc. which were standing on the land in dispute and the respondents man-handled petitioners' s wife and daughter where after he obtained the stay order, as the tubewell was still standing in working condition. It is alleged that in spite of the order the respondents levelled the land and demolished the tubewell.

3. On the face of the application it appears that petitioner had obtained possession of the property long before the applications were made and as such if any damage apparently caused to the property of the petitioner that might have been caused before the order in question was passed when they were in lawful possession of the land for which these applications are not maintainable. Hence both the petitions are dismissed. N.H.Q./M-2265/S Petition dismissed.