Sheikh Allah Bakhsh vs Additional District Judge arts — 2025 MLD 1716 LAHORE-HIGH-COURT-LAHORE

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Sheikh Allah Bakhsh VS Additional District Judge arts. 204 & 10-a---Contempt of court---Violation of status quo order---Punishment to contemnor summarily---Scope---Contempt proceedings, nature of---Principles of natural justice and fair opportunity of hearing---Non-availability of any material to prove the allegation---Objection qua maintainability of contempt petition was raised by the contemnor---Validity---Material available on record did not support the allegation---Respondents in their replies had denied any violation and claimed that they were in lawful possession of the suit property---as per report of SHO concerned no fresh construction was found at the site in question---Matter of possession was seriously disputed between the parties and was subjudice before the civil court---Contemnor cannot be punished on the ground of contempt summarily---Contempt proceedings are of a special nature and cannot be initiated or continued unless the disobedience of the order is established to be clear, deliberate, and willful---although contempt proceedings are not bound by technical requirements of the CPC or Cr.P.C., yet the principles of natural justice and fair opportunity must be followed in letter and spirit---Power to punish for contempt is an extraordinary one and must be exercised with circumspection and only in those cases where the authority and dignity of the Court is undermined through a contumacious act---Mere allegations, assumptions or technical infractions without a conscious effort to defy the Court's command are not sufficient to attract penal consequences---Petitioner failed to establish willful disobedience of order of High Court, thus, no case of contempt of court was made out against respondents---Contempt petition was dismissed, in circumstances.

Sheikh Allah Bakhsh vs Additional District Judge arts — 2025 MLD 1716 LAHORE-HIGH-COURT-LAHORE

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