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277/2024 H.C.A Roque Martin D (Appellant) V/S Federation of Pakistan & Others (Respondent)

Sindh High CourtCompany Law2024

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana

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277/2024 H.C.A Roque Martin D (Appellant) V/S Federation of Pakistan & Others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana Order Date: 23-AUG-24

This appeal is filed under section 19(1) of Contempt of Court Ordinance 2003 read with Section 15 of the Ordinance X of 1980 and Section 3 of the Law Reforms Ordinance, 1972, presumably on the understanding that the impugned order was passed under special law, hence invoked Section 19(1) of Contempt of Court Ordinance, 2003. Mr. Makhdoom???s question that the Contempt of Court Ordinance, 2003 cannot be invoked, is a premature question when the defence is yet to be taken by the Appellants and considered by the learned Single Judge. We are also not satisfied that the issuance of a show-cause notice under the ibid law would cause prejudice to the rights likely to be determined by the learned Single Judge. The alleged contemnors have been given the opportunity to file their respective replies against the accusation and allegations raised in the contempt application and jurisdiction could never be an exclusion

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