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SAEEDA SULTAN vs LIAQAT ALI ORAKZAI S — 2021 PLD 671 SUPREME-COURT

Case information

Citation
2021 PLD 671 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
PLD
Parties
SAEEDA SULTAN vs LIAQAT ALI ORAKZAI S
Subject matter
Criminal
Provisions referred to
S. 38; Court Ordinance (IV of 2003); Court Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAEEDA SULTAN VS LIAQAT ALI ORAKZAI S. 38 & O.XXI & O. XLV, R. 15---Contempt of Court Ordinance (IV of 2003), Ss. 2(a), 3 & 5---Supreme Court Rules, 1980, O.XXVII---Constitution of Pakistan, Arts. 204(2) & 204(3)---Decree/order passed by the Supreme Court, execution of---Contempt proceedings---Scope---Where a decree and/or order of the Supreme Court was to be implemented, the appropriate remedy would lie in execution proceedings and not contempt proceedings unless decree holder clearly set down relevant facts constituting contempt of court, in addition to being able to demonstrate that the matter complained of was "willful disobedience" of any judgement, decree, direction, order, writ, other process of the Court---Contempt would only lie under the circumstances enumerated under Art. 204 of the Constitution---Contempt of Court Ordinance, 2003 did not contain any provisions for execution of the orders, judgments, or decrees of the Court in the contempt jurisdiction---Supreme Court observed that Courts should be careful in matters of contempt and must refrain to come to the aid of a party who, in the first instance, avoided or refused to avail the efficacious and effective legal remedy to seek execution or order, judgment, and decree of the Trial Court in the manner provided under the C.P.C.

Other judgments reported in 2021 PLD

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