#notice of pendency | Explore Tumblr Posts and Blogs

smqazi · 3 months

Text

Contempt of Supreme Court of Pakistan in the so-called Islamic Reupnblic of Pakistan, which is neither Islamic nor Republic, UNFORTUNATELY!

The Constitution empowers the Supreme Court to exercise its powers of contempt of court to punish any person or an authority found of scandalizing, abusing, interfering, and obstructing the procedures of the court or its rulings. In 2001–2002, there were additional amendments made that further empowers the Supreme Court and its institutional powers to struck any federal authority found on the charges of contempt of court. In a much publicized case, the Supreme Court effectively used its constitutional powers when it ceased Prime Minister Yousaf Raza Gillani from running the government when the court found him guilty of contempt of court charges– hench disqualified the prime minister from holding any public offices in the country.[ ___________________________________________________________ Contempt of Court Ordinance, 1998 Ordinance X of 1998 An ordinance to regulate the exercise of the powers of courts to punish for contempt of court

WHEREAS clause (3) of Article 204 of the Constitution of the Islamic Republic of Pakistan provides that the exercise of the power conferred on courts to punish for contempt may be regulated by laws: AND WHEREAS the National Assembly is not in session and the president is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following ordinance:-

1. Short title and commencement.- (1) This Ordinance may be called the Contempt of Court Ordinance, 1998. (2) It extends to the whole of Pakistan. (3) It shall come into force at once.

2. Definition.- In this Ordinance,- (a) 'Academic critique' means an article written by a lawyer or a person holding an academic post containing an analysis of a judgment on the basis of legal criteria or desiderata; (b) 'Civil contempt' means the wilful flouting or disregard of - (i) an order, whether interim or final, a judgment or decree of a court; (ii) a writ or order issued by a court in the exercise of its constitutional jurisdiction; (iii) an undertaking given to, and recorded by, a court; (iv) the process of a court; (c) 'Criminal contempt' means the doing of any act with intent to, or having the effect of, obstructing the administration of justice; (d) 'Judicial contempt' means the scandalisation of a court and includes personalised criticism of a judge while holding office; (e) 'Notice' means a notice other than a show-cause notice issued by a court; (f) 'Pending proceedings' means proceedings which have been instituted in a court of law until finally decided after exhausting all appeals, revisions or reviews provided by law or until the period of limitation therefore has expired; provided that the pendency of an execution application shall not detract form the finality of the proceedings. (g) 'Personalised criticism' means a criticism of a judge or a judgment in which improper motives are imputed; and (h) 'Superior court' means the Supreme Court or a High Court.

3. Jurisdiction.- (1) Every superior court shall have the power to punish a contempt committed in relation to it. (2) Subject to sub-section (3), every High Court shall have the power to punish a contempt committed in relation to any court subordinate to it. (3) No High Court shall proceed in cases in which an alleged contempt is punishable by a subordinate court under the Pakistan Penal Code (Act No. XLV of 1860).

4. Punishment.- (1) Subject to sub-section(2), any person who commits contempt of court shall be punished with imprisonment which may extend to six months simple imprisonment, or with fine which may extend to one hundred thousand rupees, or with both. (2) A person accused of having committed contempt of court may, at any stage, submit an apology and the court, it satisfied that it is bona fide, may discharge him or remit his sentence. Explanation.- The fact that an accused person genuinely believes that he has not committed contempt and enters a defence shall not detract from the bona fides of an apology. (3) In the case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility therefore shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly. (4) Notwithstanding anything contained in any judgment, no court shall have the power to pass any order of punishment for or in relation to any act of contempt save and except in accordance with sub-section (1).

5. Criminal contempt when committed.- (1) A criminal contempt shall be deemed to have been committed if a person- (a) attempts to influence a witness, or proposed witness, either by intimidation or improper inducement, not to give evidence, or not to tell the truth in any legal proceeding; (b) offers an improper inducement, or attempts to intimidate a judge, in order to secure a favorable verdict in any legal proceedings; (c) commits any other act with intent to divert the course of justice; (2) Nothing contained in sub-section (1) shall prejudice any other criminal proceedings which may be initiated against any such person as is mentioned therein.

6. Cognisance of criminal contempt.- (1) In the case of a criminal contempt a superior court may take action; (i) suo motu, or (ii) on the initiative of any person connected with the proceedings in which the alleged contempt has been committed, or (iii) on the application of the law officer of a provincial or the federal government.

7. Fair reporting.- (1) Subject to sub-section(2), the publication of a substantially accurate account of what has transpired in a court, or of legal proceedings, shall not constitute contempt of court. (2) The court may, for reasons to be recorded in writing, in the interest of justice, prohibit the publication of information pertaining to legal proceedings.

8. Personalised criticism.- (1) Subject to the provisions of this Ordinance, personalised criticism of a specific judge, or judges, may constitute judicial contempt save and except if made in good faith and in temperate language in a complaint made:- (a) to the administrative superior of a judge of a subordinate court; or (b) to a provincial government; or (c) to the Chief Justice of a High Court; or (d) to the Supreme Court; or (e) to the Supreme Judicial Council; or (f) to the federal government for examination and being forwarded to the Supreme Judicial Council. (2) Nothing contained in sub-section (1) is intended to deprive a judge of the right to file a suit for defamation.

9. Academic criticism.- An academic critique of a judgment in a case of public importance shall not constitute contempt notwithstanding the fact that an appeal maybe pending if:- (i) it is phrased in temperate language; (ii) it is not made by or on behalf of a party, or by an advocate appearing in the case; and (iii) does not pertain to a pending criminal case,or disciplinary proceedings against a public servant, or a case involving disqualification of a member of the Majlis-e-Shoora (parliament) or a Provincial Assembly.

10. Criticism of judgments.- No criticism of a judgment in a case which has been finally decided and is no longer pending shall constitute contempt, no matter how far reaching or outspoken in nature it may be, if it is phrased in temperate language and does not impute improper motives to the judge.

11. Judicial contempt.- (1) A superior court may only take action in a case of judicial contempt on its own initiative. (2) Subject to sub-section (1) any person may lay information relating to the commission of an alleged judicial contempt before a superior court, but such information shall not be registered as a case (although it may be placed in the case file) and nor shall any such person have the right of audience before the court. (3) Any person laying false information relating to the commission of an alleged judicial contempt shall himself be liable to be proceeded against for contempt of court. (4) Judicial contempt proceedings initiated by a judge, or relating to a judge, shall not be heard by the said judge, but shall (unless he is himself the Chief Justice) be referred to the Chief Justice, who may hear the same personally or refer it to some other judge, and, in a case in which the judge himself is the Chief Justice, shall be referred to the senior most judge available for disposal similarly. (5) No proceedings for judicial contempt shall be initiated after the expiry of one year.

12. Civil contempt.- (1) Proceedings for civil contempt may be initiated suo motu or at the instance of an aggrieved party. (2) The provisions contained herein are intended to be in addition to, and not in derogation of, the power of the court under any other law for the time being in force to enforce compliance of its orders, judgments or decrees.

13. Procedure in cases of contempt in the face of the court.- (1) In the case of a contempt committed in the face of the court, if the accused, persists in disorderly conduct, the court may direct that he leaves the court room, and, failing compliance, may further direct that he be physically removed from the court room. (2) In all cases of contempt in the face of the court, the judge shall pass an order in open court recording separately what was said or done by the accused person and what was observed by the judge and shall, if he is not the Chief Justice, refer the matter to the Chief Justice, and, if he is the Chief Justice, to the senior most available judge of a the court, who shall either hear and decide the matter himself or refer it to some other judge for disposal; Provided that it shall not be necessary for the matter to be so referred if the accused person requests in writing that it be decided by the judge before whom the contempt, or alleged contempt, was committed. (3) In the ensuing proceedings for contempt it shall not be necessary for the judge in whose presence the alleged contempt was committed to appear as a witness and the statement of events recorded by him under sub-section (2) may be treated as evidence; Provided that the judge hearing the case may seek further comments from the said judge, or make such further enquiry (including the calling of witnesses on his own motion) as he deems fit.

14. Parliamentary speech.- Nothing contained in this Ordinance or any other law is intended to stifle discussion in the Majlis-e-Shoora (parliament) or a Provincial Assembly on any matter of public importance without criticism of the conduct of a judge in the discharge of his duties.

15. Expunged material.- No material which has been expunged from the record under the orders of - (i) a court of competent jurisdiction; or (ii) the presiding officer of the Senate, the National Assembly or a Provincial Assembly, shall be admissible in evidence.

16. Innocent publication.- No person shall be guilty of contempt of court for making any statement, or publishing any material, pertaining to any matter which forms the subject of pending proceedings,if he was not aware of the pendency thereof.

17. Protected statements.- No proceedings for contempt of court shall lie in relation to the following:- (i) Observations made by a higher or appellate court in a judicial order or judgment; (ii) remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential report; and (iii) a true statement regarding the conduct of a judge in a matter not connected with the performance of his judicial functions.

18. Amicus briefs.- (1) In any case pending in a superior court in which issues of public importance are involved, it shall be open to persons or organisations other than the parties to the litigation to file, with the permission of the court, amicus briefs confined to the legal issues arising in the case and the said briefs may contain such submissions as are legally relevant and do not contravene the provisions of this Ordinance. (2) Permission to file amicus briefs may be granted without notice subject to the condition that copies thereof shall be supplied to the parties to the case but the grant of such a permission shall not entitle the person or the organisation concerned to a right of audience, or appeal, and nor shall the court be bound to discuss such submissions in the judgment. (3) The provisions of this section shall not affect the power of the court to request an advocate to appear as amicus curiae.

19. Procedure.- (1) Save as expressly provided to the contrary, proceedings in cases of contempt shall be commenced by the issuance of a notice, or a show-cause notice, at the discretion of the court. (2) In the case of a notice, the alleged contemner may enter appearance in person or through an advocate, and, in the case of a show-cause notice, shall appear personally; Provided that the court may at any time exempt the alleged contemner from appearing personally. (3) If, after giving the alleged contemner an opportunity of a preliminary hearing, the court is prima facie satisfied that the interest of justice so requires, it shall fix a date for framing a charge in open court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of affidavits, or after recording evidence; Provided that the alleged contemner shall not, if he so requests, be denied the right of cross examination in relation to any affidavit used in evidence against him.

20. Substantial detriment.- (1) No person shall be found guilty of contempt of court, or punished accordingly, unless the court is satisfied that the contempt is one which is substantially detrimental to the administration of justice. Explanation.- (1) A serious discussion of substantive issues of public importance without intent to influence a legal proceeding which may incidentally be pending will not constitute contempt of court. (2) In the event of a person being found not guilty of contempt by reason of sub-section (1), the court may pass an order deprecating the conduct, or actions, of the person accused of having committed contempt. (3) Notwithstanding anything contained in this Ordinance, truth shall be a valid defence in cases of contempt of court.

21. Appeal.- (1) Orders passed by a superior court in cases of contempt shall be appealable in the following manner:- (i) In the case of an order passed by a single judge of a High Court, an intra-court appeal shall lie to a bench of two or more judges; (ii) in a case in which the original order has been passed by a division or large bench of a High Court, an appeal as of right shall lie to the Supreme Court; and (iii) in the case of an original order passed by a bench of the Supreme Court, an intra-court appeal shall lie to a larger bench of the court. (2) The appellate court may suspend the impugned order pending disposal of the appeal. (3) The period of filing an appeal shall be thirty days.

22. Ordinance to be exhaustive.- Save as, and to the extent expressly provided in this Ordinance, no act or statement of any person shall constitute contempt of court or be punishable therefor.

23. Repeal.- The Contempt of Court Act, 1976 (LXIV of 1976) is hereby repealed. (MUHAMMAD RAFIQ TARAR) PRESIDENT

REFERENCES:

http://43.245.130.98:8056/caselaw/public/top-trend-judgements

0 notes

rprservicesllc · 4 months

Text

What is a foreclosure auction in the property preservation industry?

If a property owner can’t finish repayments on their home loan, they obligate to default on the loan. If the owner defaults on the home loan for a rendered months, the bank that initially lent the mortgage holder the cash to buy the property can lawfully repossess it and take ownership. Now, the property is a foreclosure or real estate owned (REO) home. The bank’s essential target to recuperate as much money from the credit as possible rather than collecting land resources. They will always prefer to sell the property as fast as could be expected under the circumstances.

Foreclosure Auction: A foreclosure auction is bartering to sell a house that has been foreclosed. Property preservation companies or real estate owned (REO) companies manage these foreclosed houses. The bank or moneylender who owns the property is not entitled to profit from auction, and the properties are generally sold at a loss. The benefit goes to the mortgage owner and any other liens that are available on the property. If the foreclosure auction doesn’t work and the property is not sold due to any reasons, it instinctively turns into an REO property.

Why foreclosure auctions usually don’t work? Many foreclosed properties are not sold at the auction, since they fail to draw any bids. It may appear to be odd in case you are new to such auctions, but it is a general case as the banks and moneylenders do not set the property costs on the ground of property market value. They attempt to cover their loss and expenses, implying that if a property defaults in the initial months it is claimed, the cost of that property could be way above-market price, and due to which no one buys that property. The base offer cost on a foreclosed property includes:

Balanced unpaid mortgage loan Interest Lawyer’s fees Foreclosure process fees Types of foreclosure: Judicial foreclosure: Judicial foreclosure refers to foreclosure that goes through the judiciary system. The legal foreclosure process starts when the bank documents their claim and file a lis pendens (also known as a notice of pendency of action) on the property. A second notification, the Notice of Foreclosure Sale (NFS), is filed once the court has set the auction time and bid amount. Non-judicial Foreclosure: The non-judicial foreclosure process permits a moneylender to advertise and auction the property at a public sale, without court inclusion, by following the rules indicated by the state. As the process as per the state regulations or ordinances, the non-judicial foreclosure process is sometimes also known as Statutory Foreclosure. It entails a demand letter and 30 to 120 days of notice before a definite warning of foreclosure. Foreclosure process: Step 1: Payment default: Most states specify that the property holder has to be at least 90 days late on their mortgage installments before the bank starts the foreclosure process. The bank will first do the occupancy inspections to know if the property owner is possessing the property. Then the bank will send a demand letter for installment. Contingent upon the condition of residency, the owner has 30 days after receiving the demand letter.

Step 2: Notice of sale: After the necessary time has slipped by, ordinarily following 120 days without making any payment, the property owner will send a notification of foreclosure sale, which covers the date by which the premises must be emptied and also the aggregate sum of unpaid debts.

Step3: Public sale: The sale of a foreclosure property includes a public deal held by auction, where the highest bidder purchases the property. If there are no buyers, the moneylender buys the property by presenting a credit bid depend on the sum owed on the home loan. If the bank takes the property, they can sell it in a private deal later.

Step 4: Eviction: The owner can occupy the property until it has sold either through a public auction or as an REO property. If the mortgage holder has not vacated the property before the foreclosure sale, an unlawful detainer claim is filed to evict the mortgage holder. The mortgage owner can request some time to move out of the property, but usually, the bank does not accept the request and may demand to vacant the property right away.

RPR Services is a property preservation work order processing company that understands the certainty of how a foreclosed or an REO property needs to be preserved and well maintained. We provide excellent bids with correct prolixity and the procedures to repair the damages at an REO estate that helps our clients to make profits off of the preservation work from their clients.

0 notes

legalhelpindia · 6 months

Text

How to file a consumer case in Visakhapatnam Consumer Court?

In our everyday lives, we often buy things from stores or online. But sometimes, we run into issues with what we've bought or the services we've received. When this occurs, our goal is to resolve the complaint. If you encounter any issues with a purchase or service in Visakhapatnam, you can get help from lawyer and file a consumer case in Visakhapatnam consumer court.

Consumer courts were established specifically to address issues. They are there to ensure people receive fair treatment when purchasing items or utilizing services. These courts ensure the protection of your consumer rights within the nation. In Visakhapatnam, these court are located at D. No.29-45-2-1, 1stand 2ndFloors, Old SVI Colony, Opposite District CourtBuilding, Visakhapatnam-530001.

It is crucial to be aware that the result of your problem in the consumer court may not always be guaranteed. The outcome relies on different elements, such as the nature of the issue, the proof available, and the assistance received. Therefore, if you encounter a problem with a purchase, it is advisable to consult with a skilled lawyer. Based on your unique circumstances, they can offer guidance based on your specific situation and help you navigate the process.

There's no specific timeline to reach a decision in a consumer court case in Visakhapatnam as it depends on various factors, such as the court's pendency, the number of judges available, the number of courts, and the complexity of the matter. Additionally, the activeness of the parties in submitting their responses can also impact the case's progress.

Let's see how you can resolve consumer complaint in Visakhapatnam:

Send legal notice:

Sending a legal notice to the opponent party is a primary step one should go first without going to court to resolve isssues. The process involves hiring a skilled lawyer in Visakhapatnam who can draft, sign, and send a formal notice to the opposing party. This will notifying them about your complaint and intention.

File Consumer court case:

If you're not satisfied with the outcome of your case or you didn't get the desired result for your problems, you can opt to take legal action against them, you can choose to take legal action against the companies, in Visakhapatnam with the help of the qualified and experienced lawyers send a legal notice notifying them about your complaint and intention. You should seek legal attorney's help to perform this precisely.

Here is the common guide one must follow:

Step 1: First step in sending a legal notice is for the lawyer to prepare the notice. This involves researching the relevant laws and regulations, identifying the key facts and issues, and drafting a clear and concise statement. Once the notice is drafted, the lawyer will sign it and ensure that it is sent to the opposing party through a registered post. This provides a paper trail and serves as evidence in case the matter escalates to court.

Step 2: Once the legal notice is prepared, carefully review its contents to insure accuracy and clarity. After reviewing, ask your lawyer to sign the notice on your behalf.

Step 3: Ensure that notice should be sent to the opposing party through a registered post. This provides a paper trail and serves as evidence in case the matter escalates to court.

Step 4: After the notice is sent, it is important to save evidence of acknowledgement of delivery. This can be done by obtaining a delivery receipt or a duly executed acknowledgement from the opposing party.

File consumer forum case:

If you are unhappy with the result of your case or did not achieve the desired outcome for your issues, you have the option to pursue legal action against the companies in Visakhapatnam with the assistance of skilled and experienced lawyers and file a case in the Visakhapatnam consumer court against the opposite party.

Here is how you can file a case in the Visakhapatnam consumer court?

Firstly inform the consumer about the intention to file a case against them through a legal notice.

After that prepare consumer complaint with the help of an experienced lawyer. with the details of your case and all the evidence that supports your case.

Choose the consumer court which has jurisdiction over your case based on factors such as the location of the transaction or the company's registered office.

Deposit the court fee as prescribed by the consumer court. This fee may differs depending on your complaint.

And finally, submit your case and affidavit insuring the truthfulness of the data given in your complaint.

After submission of your case you will be alloted with the number through which you can check the progress of your consumer case.

#lawyers #legal #legaladvice #legalconsultantindia #legalhelp #consumerprotection #consumer rights #consumerism

0 notes

seemabhatnagar · 7 months

Text

The Division Bench of Delhi High Court refused to entertain PIL as a Writ Petition on the same subject was pending before Single Judge

Waqf Welfare Forum v. New Delhi Municipal Council and Others

Writ Petition Civil 2552/2024(PIL)

Before Delhi High Court

Heard by the Division bench of Hon’ble Acting Chief Justice & Hon’ble Madam Justice Manmeet Preetam Singh Arora J

A PIL seeking quashing of public notice inviting objections and suggestions from the General Public for removal of Sunehri Bagh Masjid was dismissed on 21.02.2024.

As a writ petition 16770/2023 on the same subject is already pending before the Single Judge of Delhi High Court and in response to the prayer Delhi Waqf Board has already steps to protect the Waqf Properties.

Facts

public notice.

The Delhi High Court refused to entertain a PIL against the proposed demolition of Sunehri Bagh Mosque as a similar petition is already pending before a single judge of the Delhi High Court.

The bench questioned the petitioner for filing the PIL with similar prayers even when one petition on the same issue is already pending before the single judge.

The Bench observed that "Since appropriate measures have already been taken by the Delhi Waqf Board in discharge of its legal and executive duties to protect waqf properties, this court is of the view that no order is required in the present writ petition. Accordingly, the petition is closed,".

Submission of the Counsel for the Petitioner

Directions to the Delhi Waqf Board to discharge legal and executive duties to protect Waqf properties as per The Waqf Act, 1995 and Waqf (Amendment) Act, 2013.

Submission of the Centre, New Delhi Municipal Council, Delhi Police

The petition is more of a cut and paste work of the contentions and submissions advanced in the W.P.(C) 16770/2023 pending before the single judge filed by the Imam of Sunehri Bagh Masjid.

Submission of the Delhi Waqf Board

Senior Advocate Sanjoy Ghose, representing the Delhi Waqf Board, informed the court that appropriate steps have been taken to protect waqf properties and the Delhi Waqf Board is supporting the plea of the Imam.

He also informed the Court that the matter before Single judge was listed for the day but due to the pendency of this PIL, hearing before the single judge is adjourned to February 28.

#SUNEHRIBAGHMOSQUE #DELHI #PIL #REMOVAL #PUBLICNOTICE #DELHIHIGHCOURT

1 note · View note

drmaqazi · 10 months

Text

Contempt of Supreme Court of Pakistan

In a much publicized case, the Supreme Court effectively used its constitutional powers when it ceased Prime Minister Yousaf Raza Gillani from running the government when the court found him guilty of contempt of court charges– hench disqualified the prime minister from holding any public offices in the country.[

___________________________________________________________

Contempt of Court Ordinance, 1998

Ordinance X of 1998

An ordinance to regulate the exercise of the powers of courts to punish for contempt of court

WHEREAS clause (3) of Article 204 of the Constitution of the Islamic Republic of Pakistan provides that the exercise of the power conferred on courts to punish for contempt may be regulated by laws:

AND WHEREAS the National Assembly is not in session and the president is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following ordinance:-

Short title and commencement.-

(1)

This Ordinance may be called the Contempt of Court Ordinance, 1998.

(2)

It extends to the whole of Pakistan.

(3)

It shall come into force at once.

Definition.-

In this Ordinance,-

(a)

'Academic critique' means an article written by a lawyer or a person holding an academic post containing an analysis of a judgment on the basis of legal criteria or desiderata;

(b)

'Civil contempt' means the wilful flouting or disregard of -

(i)

an order, whether interim or final, a judgment or decree of a court;

(ii)

a writ or order issued by a court in the exercise of its constitutional jurisdiction;

(iii)

an undertaking given to, and recorded by, a court; (iv) the process of a court;

(c)

'Criminal contempt' means the doing of any act with intent to, or having the effect of, obstructing the administration of justice;

(d)

'Judicial contempt' means the scandalisation of a court and includes personalised criticism of a judge while holding office;

(e)

'Notice' means a notice other than a show-cause notice issued by a court;

(f)

'Pending proceedings' means proceedings which have been instituted in a court of law until finally decided after exhausting all appeals, revisions or reviews provided by law or until the period of limitation therefore has expired; provided that the pendency of an execution application shall not detract form the finality of the proceedings.

(g)

'Personalised criticism' means a criticism of a judge or a judgment in which improper motives are imputed; and

(h)

'Superior court' means the Supreme Court or a High Court.

Jurisdiction.-

(1)

Every superior court shall have the power to punish a contempt committed in relation to it.

(2)

Subject to sub-section (3), every High Court shall have the power to punish a contempt committed in relation to any court subordinate to it.

(3)

No High Court shall proceed in cases in which an alleged contempt is punishable by a subordinate court under the Pakistan Penal Code (Act No. XLV of 1860).

Punishment.-

(1)

Subject to sub-section(2), any person who commits contempt of court shall be punished with imprisonment which may extend to six months simple imprisonment, or with fine which may extend to one hundred thousand rupees, or with both.

(2)

A person accused of having committed contempt of court may, at any stage, submit an apology and the court, it satisfied that it is bona fide, may discharge him or remit his sentence. Explanation.- The fact that an accused person genuinely believes that he has not committed contempt and enters a defence shall not detract from the bona fides of an apology.

(3)

In the case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility therefore shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.

(4)

Notwithstanding anything contained in any judgment, no court shall have the power to pass any order of punishment for or in relation to any act of contempt save and except in accordance with sub-section (1).

Criminal contempt when committed.-

(1)

A criminal contempt shall be deemed to have been committed if a person-

(a)

attempts to influence a witness, or proposed witness, either by intimidation or improper inducement, not to give evidence, or not to tell the truth in any legal proceeding;

(b)

offers an improper inducement, or attempts to intimidate a judge, in order to secure a favorable verdict in any legal proceedings;

(c)

commits any other act with intent to divert the course of justice;

(2)

Nothing contained in sub-section (1) shall prejudice any other criminal proceedings which may be initiated against any such person as is mentioned therein.

Cognisance of criminal contempt.-

(1)

In the case of a criminal contempt a superior court may take action;

(i)

suo motu, or

(ii)

on the initiative of any person connected with the proceedings in which the alleged contempt has been committed, or

(iii)

on the application of the law officer of a provincial or the federal government.

Fair reporting.-

(1)

Subject to sub-section(2), the publication of a substantially accurate account of what has transpired in a court, or of legal proceedings, shall not constitute contempt of court.

(2)

The court may, for reasons to be recorded in writing, in the interest of justice, prohibit the publication of information pertaining to legal proceedings.

Personalised criticism.-

(1)

Subject to the provisions of this Ordinance, personalised criticism of a specific judge, or judges, may constitute judicial contempt save and except if made in good faith and in temperate language in a complaint made:-

(a)

to the administrative superior of a judge of a subordinate court; or

(b)

to a provincial government; or

(c)

to the Chief Justice of a High Court; or

(d)

to the Supreme Court; or

(e)

to the Supreme Judicial Council; or

(f)

to the federal government for examination and being forwarded to the Supreme Judicial Council.

(2)

Nothing contained in sub-section (1) is intended to deprive a judge of the right to file a suit for defamation.

Academic criticism.-

An academic critique of a judgment in a case of public importance shall not constitute contempt notwithstanding the fact that an appeal maybe pending if:-

(i)

it is phrased in temperate language;

(ii)

it is not made by or on behalf of a party, or by an advocate appearing in the case; and

(iii)

does not pertain to a pending criminal case,or disciplinary proceedings against a public servant, or a case involving disqualification of a member of the Majlis-e-Shoora (parliament) or a Provincial Assembly.

10.

Criticism of judgments.-

No criticism of a judgment in a case which has been finally decided and is no longer pending shall constitute contempt, no matter how far reaching or outspoken in nature it may be, if it is phrased in temperate language and does not impute improper motives to the judge.

11.

Judicial contempt.-

(1)

A superior court may only take action in a case of judicial contempt on its own initiative.

(2)

Subject to sub-section (1) any person may lay information relating to the commission of an alleged judicial contempt before a superior court, but such information shall not be registered as a case (although it may be placed in the case file) and nor shall any such person have the right of audience before the court.

(3)

Any person laying false information relating to the commission of an alleged judicial contempt shall himself be liable to be proceeded against for contempt of court.

(4)

Judicial contempt proceedings initiated by a judge, or relating to a judge, shall not be heard by the said judge, but shall (unless he is himself the Chief Justice) be referred to the Chief Justice, who may hear the same personally or refer it to some other judge, and, in a case in which the judge himself is the Chief Justice, shall be referred to the senior most judge available for disposal similarly.

(5)

No proceedings for judicial contempt shall be initiated after the expiry of one year.

12.

Civil contempt.-

(1)

Proceedings for civil contempt may be initiated suo motu or at the instance of an aggrieved party.

(2)

The provisions contained herein are intended to be in addition to, and not in derogation of, the power of the court under any other law for the time being in force to enforce compliance of its orders, judgments or decrees.

13.

Procedure in cases of contempt in the face of the court.-

(1)

In the case of a contempt committed in the face of the court, if the accused, persists in disorderly conduct, the court may direct that he leaves the court room, and, failing compliance, may further direct that he be physically removed from the court room.

(2)

In all cases of contempt in the face of the court, the judge shall pass an order in open court recording separately what was said or done by the accused person and what was observed by the judge and shall, if he is not the Chief Justice, refer the matter to the Chief Justice, and, if he is the Chief Justice, to the senior most available judge of a the court, who shall either hear and decide the matter himself or refer it to some other judge for disposal; Provided that it shall not be necessary for the matter to be so referred if the accused person requests in writing that it be decided by the judge before whom the contempt, or alleged contempt, was committed.

(3)

In the ensuing proceedings for contempt it shall not be necessary for the judge in whose presence the alleged contempt was committed to appear as a witness and the statement of events recorded by him under sub-section (2) may be treated as evidence; Provided that the judge hearing the case may seek further comments from the said judge, or make such further enquiry (including the calling of witnesses on his own motion) as he deems fit.

14.

Parliamentary speech.-

Nothing contained in this Ordinance or any other law is intended to stifle discussion in the Majlis-e-Shoora (parliament) or a Provincial Assembly on any matter of public importance without criticism of the conduct of a judge in the discharge of his duties.

15.

Expunged material.-

No material which has been expunged from the record under the orders of - (i) a court of competent jurisdiction; or (ii) the presiding officer of the Senate, the National Assembly or a Provincial Assembly, shall be admissible in evidence.

16.

Innocent publication.-

No person shall be guilty of contempt of court for making any statement, or publishing any material, pertaining to any matter which forms the subject of pending proceedings,if he was not aware of the pendency thereof.

17.

Protected statements.-

No proceedings for contempt of court shall lie in relation to the following:-

(i)

Observations made by a higher or appellate court in a judicial order or judgment;

(ii)

remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential report; and

(iii)

a true statement regarding the conduct of a judge in a matter not connected with the performance of his judicial functions.

18.

Amicus briefs.-

(1)

In any case pending in a superior court in which issues of public importance are involved, it shall be open to persons or organisations other than the parties to the litigation to file, with the permission of the court, amicus briefs confined to the legal issues arising in the case and the said briefs may contain such submissions as are legally relevant and do not contravene the provisions of this Ordinance.

(2)

Permission to file amicus briefs may be granted without notice subject to the condition that copies thereof shall be supplied to the parties to the case but the grant of such a permission shall not entitle the person or the organisation concerned to a right of audience, or appeal, and nor shall the court be bound to discuss such submissions in the judgment.

(3)

The provisions of this section shall not affect the power of the court to request an advocate to appear as amicus curiae.

19.

Procedure.-

(1)

Save as expressly provided to the contrary, proceedings in cases of contempt shall be commenced by the issuance of a notice, or a show-cause notice, at the discretion of the court.

(2)

In the case of a notice, the alleged contemner may enter appearance in person or through an advocate, and, in the case of a show-cause notice, shall appear personally; Provided that the court may at any time exempt the alleged contemner from appearing personally.

(3)

If, after giving the alleged contemner an opportunity of a preliminary hearing, the court is prima facie satisfied that the interest of justice so requires, it shall fix a date for framing a charge in open court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of affidavits, or after recording evidence; Provided that the alleged contemner shall not, if he so requests, be denied the right of cross examination in relation to any affidavit used in evidence against him.

20.

Substantial detriment.-

(1)

No person shall be found guilty of contempt of court, or punished accordingly, unless the court is satisfied that the contempt is one which is substantially detrimental to the administration of justice.

Explanation.- (1) A serious discussion of substantive issues of public importance without intent to influence a legal proceeding which may incidentally be pending will not constitute contempt of court.

(2)

In the event of a person being found not guilty of contempt by reason of sub-section (1), the court may pass an order deprecating the conduct, or actions, of the person accused of having committed contempt.

(3)

Notwithstanding anything contained in this Ordinance, truth shall be a valid defence in cases of contempt of court.

21.

Appeal.-

(1)

Orders passed by a superior court in cases of contempt shall be appealable in the following manner:-

(i)

In the case of an order passed by a single judge of a High Court, an intra-court appeal shall lie to a bench of two or more judges;

(ii)

in a case in which the original order has been passed by a division or large bench of a High Court, an appeal as of right shall lie to the Supreme Court; and

(iii)

in the case of an original order passed by a bench of the Supreme Court, an intra-court appeal shall lie to a larger bench of the court.

(2)

The appellate court may suspend the impugned order pending disposal of the appeal.

(3)

The period of filing an appeal shall be thirty days.

22.

Ordinance to be exhaustive.-

Save as, and to the extent expressly provided in this Ordinance, no act or statement of any person shall constitute contempt of court or be punishable therefor.

23.

Repeal.-

The Contempt of Court Act, 1976 (LXIV of 1976) is hereby repealed.

(MUHAMMAD RAFIQ TARAR) PRESIDENT

REFERENCES:

http://43.245.130.98:8056/caselaw/public/top-trend-judgements

0 notes

chrislspulaw · 11 months

Text

Case Digest

Globe Mackay and Radio Corp., and Herbert C. Hendry, petitioners,

The Honorable Court of Appeals and Restituto M. Tobias, respondents,

Facts: Respondent Mr. Tobias was employed by the petitioner Globe Mackay Cable and Radio Corp. in a dual capacity as a purchasing agent and administrative assistant to the engineering operation manager.

In 1972 the petitioner discovered fictitious purchases and other fraudulent transactions for which it lost thousands of pesos.

According to Mr. Tobias, he was the one who discovered the said anomalies and immediately reported them on November 10, 1972, to his immediate superior Eduardo T. Ferraren, and the petitioner who was then Vice-President and General Manager of Globe Mackay.

On November 11, 1972, one day after the respondent made the report Mr. Ferraren confronted said respondent stating that he was the number one suspect, and ordered him to take one week forced leave, not to communicate with the office, to leave his table drawer open, and to leave the office keys.

On November 20, 1972, when the respondent returned to work, the petitioner went up to him and called him a “crook” and a “swindler”. Mr. Tobias was ordered to take a lie detector test he was also instructed to submit a specimen of his handwriting, signature, and initials for examination by the police investigators to determine his complicity in the anomalies

On December 6, 1972, the Manila police investigators submitted the report clearing Mr. Tobias of participation in the said anomalies.

Not satisfied with the said result, the petitioner hired a private investigator. Then the said private investigator submitted on December 10, 1972, a report finding Mr. Tobias guilty. This report also expressly stated that further investigation was still to be conducted.

On December 12, 1972, the petitioner issued a memorandum suspending Tobias from work in preparation for the filing of criminal charges against him.

On December 19, 1972, another report was submitted reiterating that Mr. Tobias was not in any way involved in the fraudulent transactions also the lie detector test conducted yielded negative results.

Petitioners filed with the city of Fiscal of Manila a complaint for estafa through falsification of commercial documents then amended to just estafa and subsequently filed five criminal complaints four of which were estafa through Falsification of commercial documents while the fifth was for Art. 290 of the RPC(Discovering Secrets Through Seizure of Correspondence). Two of these cases were refiled with the Judge Advocate General’s Office, which, however, remanded them to the fiscal’s office. All of the six criminal cases were dismissed by the fiscal. Petitioners appealed the four of the fiscal’s resolutions dismissing the criminal complaint with the Secretary of Justice, who, however, affirmed their dismissal.

On January 17, 1973, the respondent received a notice from the petitioner that his employment had been terminated effective December 13, 1972. Tobias filed a complaint for illegal dismissal. while on the pendency of the said complaint, both parties agreed to enter into a compromise agreement regarding the complaint for illegal dismissal.

Unemployed, Tobias in search of a job applied with RETELCO(Republic Telephone Company)however petitioner wrote a letter without being discussed that the respondent was dismissed by Globe Mackay due to dishonesty.

Private respondent Tobias filed a civil case for damages anchored on alleged unlawful, malicious, oppressive, and abusive acts of petitioners. Petitioner, claiming illness, did not testify during the hearings. The RTC Brach IX Judge Reyes rendered judgment in favor of the private respondent by ordering petitioners to pay him eighty thousand pesos(P80,000.00) as actual damages, two hundred thousand pesos(P200,000.00) as moral damages, twenty thousand pesos(P20,000.00) for exemplary damages, thirty thousand pesos(30,000.00) as attorney’s

fee and costs. The petitioners appealed RTC's decision to the Court of Appeals however the CA affirmed the RTC decision. Petitioner’s motion for reconsideration having been denied, the instant petition having been denied. The instant petition for review on certiorari was filed.

Issue: Whether or not petitioners are liable for damages to private respondent?

Ruling: Yes the petitioners are liable for damages to the private respondent.

The Third Division of the Supreme Court affirmed the decision of the Court of Appeals.

The abusive manner in which that right was exercised amounted to a legal wrong for which petitioners must now be held liable. Moreover, the damage incurred by Tobias was not only in connection with the abusive manner in which he was dismissed but was also the result of several other quasi-delictual acts committed by petitioners.

The nature of the wrongful acts shown to have been committed by petitioners against Tobias is sufficient basis for the award of exemplary damages to the latter.

0 notes