Jammu, Oct 22: In CM No.6062/2023 in LPA No.201/2023 titled Abdul Majid Dar (Petitioner(s)/Appellants) through: Mr. Vikas Singh, Sr. Advocate, (through VC) with Mr. Danish Majid Dar, Advocate. Vs. Noora Begum and others (Respondent(s) through: None.
After hearing a bench comprising of 03 Judges, HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE O R D E R E D as:-
The present application has been filed seeking leave to appeal against the order dated 23.08.2023 passed by the learned Single Judge in WP(C) No.2207/2023.
As we are of the view that the appeal is not maintainable for the reason that learned Single Judge has not exercised the jurisdiction vested in it under Article 215 of the Constitution of India or under Section 19 of the Contempt of Courts Act, 1971, by imposing punishment upon the appellant.
However, the learned Single Judge has made some adverse observations in the impugned order against the appellant which ought not to have been made without providing sufficient opportunity of hearing to the appellant which was not done in the present case.
Accordingly, we close this appeal by expunging all the adverse observations made in the impugned order against the appellant.
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