1968 SCMR 517 (PLP)
GHULAM QADIR-Petitioner Versus THE STATE AND OTHERS-Respondents
| Citation | 1968 SCMR 517 (PLP) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and Fazle-Akbar, J |
| Parties | GHULAM QADIR-Petitioner Versus THE STATE AND OTHERS-Respondents |
Q1: What are the key laws and sections cited in 1968 SCMR 517 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 517 (PLP)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and Fazle-Akbar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 517 (PLP) (GHULAM QADIR-Petitioner Versus THE STATE AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Azizullah K. Sheikh, Advocate Supreme Court instructed by Muhammad Ibrahim Memon, Attorney for Petitioner.
- Nerno for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 12th January 1968, in Writ Petition No. 554 of 1967). West Pakistan Control of Goondas Ordinance (XXXV of 1959), Ss. 5 & 13 - Writ petition 'filed against order passed under section-High Court while admitting petition refusing injunction under O, X XXIX, C. P. C. observing that petitioner should seek stay on adverse action being taken-Special Leave to Appeal against order of High Court refused by Supreme Court.
Judgment & Decree
FAZLE-AKBAR, J.-On receipt of a complaint from S.H.O. Daulatpur, Taluka Moro, under sections 5 arid 13 of the West Pakistan Control of Goondas Ordinance, 1959 (Ordinance XXXV of 1959) against this petitioner, the District Magistrate, Nawabshah, issued a show-cause notice to bial. The petitioner then filed a writ petition in the High Court challenging legality of the order of the Magistrate. Along with the petition he also filed a petition under Order XXXIX of the Code of civil Procedure for restraining the Magistrate from proceeding with the case. The learned Judges of the High Court while admitting the petition passed the following order: "We will not stay the proceedings but if an adverse decision as a result of these proceedings is given the petitioner may move the Court for the stay of the operation of the final order." The petitioner seeks special leave to appeal against this order. The learned Counsel has however, failed to satisfy us that the learned Judges in refusing to stay the proceedings have not A exercised their discretion judicially and properly. We therefore, dismiss the petition, Petition dismissed.