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Anti-Terrorism Act 1997-37

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Citation Name: 2002 PCRLJ 237 LAHORE-HIGH-COURT-LAHORE Bookmark this Case

NAZAR MAHMOOD VS THE STATE

1991 SCMR 599, PLD 1991 SC 640,

Anti-Terrorism Act 1997--37 ,

----Ss. 426 & 561-A---Anti-Terrorism Act (XXVII of 1997), S.37--Suspension of sentence---Accused who was
convicted and sentenced to undergo one month's R.I. had filed appeal against his conviction and sentence and
alongwith appeal had filed application for suspension of sentence---Whole process of filing the appeal in peculiar
circumstances of the case, would be defeated in case the accused would remain behind the bars for the total period
of the sentence awarded to him---Court allowed the application and suspended the sentence awarded to the
accused and he was released on bail.

Head Notes Case Description

Citation Name: 1998 PLD 1445 SUPREME-COURT Bookmark this Case

MEHRAM ALI VS FEDERATION OF PAKISTAN

PLD 1993 SC 341, PLD 1996 SC 324,

Anti-Terrorism Act 1997--37 ,

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Anti-Terrorism Act 1997 S. 37---Constitution of Pakistan (1973), Arts.175 & 203---Contempt of Court---Provision of
S.37 of the Anti-Terrorism Act, 1997 is not valid in its present form as the same militates against the concept of
independence of Judiciary and Arts.175 & 203 of the Constitution---Section 37 of the Act needs to be amended
suitably so as to vest. power to punish for contempt in a High Court instead of Appellate Tribunal and to use the
words "High Court" in place of "Appellate Tribunal" ---Such declaration by Supreme Court, however, will not affect
the trials already conducted and convictions recorded under the Act and the pending trials may continue subject to
this order.

Head Notes Case Description

Citation Name: 1998 SCMR 1156 SUPREME-COURT Bookmark this Case

MEHRAM ALI VS FEDERATION OF PAKISTAN

Anti-Terrorism Act 1997--37 ,

Anti-Terrorism Act 1997 ----S. 37---Constitution of Pakistan (1973), Arts.175 & 203---Contempt Court---Provision of
S.37 of the Anti-Terrorism Act; 1997 is not valid present form as the same militates against the concept of
independence Judiciary and Arts.175 & 203 of the Constitution---Section 37 of the Act needs to be amended
suitably so as to vest power to punish for contempt in a High Court instead of Appellate Tribunal and to use the
words "High Court" in place of "Appellate Tribunal" ---Such declaration by Supreme Court, however, will not affect
the trials already conducted and convictions recorded under the Act and the pending trials may continue subject to
this order.

Head Notes Case Description

Citation Name: 1984 PLD 421 LAHORE-HIGH-COURT-LAHORE Bookmark this Case

GHE CORPORATION OF PAKSITAN LTD. VS H. B. L.

Anti-Terrorism Act 1997--37 ,

Ss. 7(2) & 12-Civil Procedure Code (V of 1908), O.,XXXVII, r. 3Application for permission to defend suit -
Appellants, apart from jurisdictional issue, categorically asserting that debt stood adjusted against S. N. T. D.
receipts which had been duly discharged in favour of bank and thus their liability was extinguished - Appellant
raising questions of law and facts - Special Court not adverting to such questions and choosing to reject same by a
short lacunic order-Points urged by appellants seeking leave, could by no means be characterized as trivolous or an
idle formality, not worthy of entailing any serious consideration of special Court-Special Court to exercise jurisdiction
in a judicial manner and render a speaking order qua grounds on which permission was solicited-V

Head Notes Case Description

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