Apology
Apology legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Held, it was the satisfaction of the Court about bona fide of the tendered apology.
Apology does not furnish a complete defence to a charge of contempt of Court.
Apology must be offered at the' earliest stage of the contempt proceedings and could not be postponed till fag-end of proceedings; must be unconditional, unreserved and unqualified, and should not only appear, but must also satisfactorily represent sincere and genuine remorse and should not be half-hearted or mere formality and lastly the contemner should not endeavour to justify, his conduct.
Art. 204-Contempt of superior Courts-Apology-Sentence- Habeas corpus application filed on behalf of a lady and such lady found to have been residing in a foreign country all along-Whole drama engineered by appellant in collusion with two other persons with an ulterior motive-Habeas corpus petition dismissed and respondent and his associates called upon to show cause against their committal for contempt of Court-Contemners first justifying their action and producing evidence but subsequently tendering unqualified apology and admitting truth of charges-Three months simple imprisonment awarded by High Court in view of unqualified apology, held, already lenient enough regard being had to serious nature of contempt committed by appellant and no scope left for further leniency-[Contempt of Court-Sentence].
When sufficient to purge contempt.
Half hear a at late stage-Whether availing.
"Apology", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15281
Precedents & Case Laws citing "Apology"
P L D 1977 Lahore 456
THE STATE-Petitioner Versus YUSUF ALI KHAN, BAR-AT-LAW-Respondent
Court: --S. 4, Proviso-Contempt of Court-Apology-Sentence, remission of-High Court never vindictive in matter of contempt and always took due notice of sincere apologies-Contemner making clean breast of himself, accepting impugned utterances to be incorrect, feeling sorry for all that happened, promising to be careful in future, explaining why he failed to appear before Court in person earlier and submitting to be misled into thinking of his personal appearance being not necessary for acceptance of apology, contemner being a Barrister and Advocate of some standing, held, no reason appearing to disbelieve his promise not to repeat such things in future-Interest of justice, held further, served and dignity of Court more enhanced by acceptance of apology in circumstances-Apology accepted and sentences of imprisonment and fine remitted.-Contempt of Court---Sentence.2010 C L D 1175
Rao DIL JAN KHAN — Appellant Versus DR. MUHAMMAD YOUNIS and another — Respondents
Court: LahoreP L D 2010 Lahore 413
Rao DIL JAN KHAN — Appellant Versus Dr. MUHAMMAD YOUNIS and another — Respondents
Court: High CourtP L D 1955 Sind 1
S. ISRAR HUSSAIN Versus THE CROWN
Court:2017 M L D 547
The STATE — Petitioner Versus ALI AMIN GHANDAPUR and others — Respondents
Court: PeshawarP L D 1976 Lahore 373
HABIBUL WAHHAB ELKHEIRI, ADVOCATE‑Petitioner Versus Sh. SHAUKAT ALI, ADVOCATE‑Respondent
Court: ‑‑ Art. 204‑Contempt of superior Courts‑Apology, effect of‑Con temner while appearing to show cause on a notice for contempt of superior Court denying correctness of statements attributed to him; Court in consequence finding necessary to hold inquiry to sift truth; respective versions of parties, on agreement of parties, ordered to be proved by affidavits with opportunity of cross‑examination; and case adjourned for recording of evidence ‑ Accused contemner before recording of evidence filing written statement purporting to show one of Judges as being biased against him and thereafter in his oral address stating that proceedings "were manoeuvred against him" due to above‑mentioned bias and personal differences and were thus "motivated" ‑Contemner's utterances and averments in written state ment considered by Court as prima facie constituting contempt of Court in its view, notice issued to show cause, and contemner first emphasizing that "these are his feelings and impressions" but later on wishing not to contest proceedings, admitting guilt, and offering unconditional apology‑Held: Apology, by itself, does not render contempt excusable or entitle contemner to discharge as of right Apology merely an extenuating circumstance if unqualified and tendered with earnest desire to make amends for wrong done ‑Whether apology is unqualified and tendered with earnest desire to make amends‑Answer to question depends upon circumstances of each case‑Acceptance of apology and its appreciation‑To be deter mined on guidelines laid down in case of A. K. M. A. Awal P L D 1964 S C 562 and on other factors.‑Contempt of Court.1991 M L D 914
THE STATE — Petitioner Versus THE PRINCIPAL, BAHAWALPUR LAW COLLEGE, BAHAWALPUR — Respondent
Court: Lahore2008 P Cr
THE STATE — Applicant Versus KHAWAJA SHAMSUL ISLAM — Respondent
Court: Karachi1999 M L D 2503
SAIF-UL-HAQ ZIAY, ADVOCATE — Petitioner Versus MAJID NIZAMI and others — Respondents
Court: Lahore1985 P Cr
THE STATE‑‑Appellant Versus ATTA MUHAMMAD ZAFAR (MAGISTRATE)‑‑Respondent
Court: Lahore