2. A study circle is a small group of people who
meet multiple times to discuss an
issue. Study circles may be formed to discuss
anything from politics to religion to hobbies.
They are differentiated from clubs by their
focus on exploring an issue or topic rather
than on activities or socializing.
en.wikipedia.org/wiki/Study_circle
3. Administration of justice is
the process and structure
which allows conflicts
between parties to be
settled by a body dedicated
to that purpose.
4. Chapter IX, X of Specific
Relief Act, 1877
Order XXXIX of Code of
Civil Procedure, 1908.
5. A judicial order restraining
a person from beginning or
continuing an action
threatening or invading the
legal right of another, or
compelling a person to
carry out a certain act.
6. 53.SRA:
Temporary injunctions are such
as are to continue until a
specified time, or
until the further order of the
Court. They may be granted at
any period of a suit, and are
regulated by the Code of Civil
Procedure 1908 (V of 1908).
7. 53 Specific Relief Act.
Perpetual injunction product of Decree of
Court
Complete appraisal of evidence
the defendant is thereby perpetually
enjoined from the assertion of a right, or
from the commission of an act, which would
be contrary to the rights of the plaintiff.
8. Suit proved through Affidavit
otherwise
i. Suit property in danger of a. wasted, b. damaged, c.
alienated
ii. wrongfully sold in execution of a decree
iii. Deft threatens or intend
a. sale b. removal c. disposition
Grant temporary injunction
until disposal of suit or until further orders
9. Breach of obligation Stay Judicial proceedings except avoid
multiplicity proceedings
Invasion or threat of
invasion over easement
rights of property
Restrain from applying to legislative body
No standard
determination of actual
damage
Interference public duties ,Dept, Government,
Sovereign acts of Foreign Government.
Pecuniary compensation inapt Stay of criminal matters
Prevent multiplicity of
proceedings
Prevent breach of contract not specifically
enforceable
Prevent nuisance when nuisance cannot be
established
Continuing breach applicant acquiesced
Availability efficacious remedy + conduct +
aggrieved party
10. Dr. A sued Dr.B besides PMDC. His plea is that
the fitness certificate by PMDC to Dr. B is
incorrect, as Dr. B is not qualified. Dr. A seeks
injunctive order against the employment of
Dr. B against the post of Professor on this
basis.
PMDC statutory rules prescribes a forum of
appeal.
Would you grant an injunction?
11. Mr. A was employed in a University as
Assistant. He was issued a show cause notice
for misconduct. A hearing was held before
the Disciplinary Committee and was found
guilty. In the meanwhile he brought a civil
suit; (though the University bylaws prescribed
a forum of Appeal); alleging that the whole
exercise was with malice. He thus sought
injunctive order restraining the Disciplinary
Committee.
13. A matter ex debito justiciae is
one which a litigant is entitled
merely upon the asking for it;
as opposed to something
which may be a matter of
judicial discretion or
determination.
14. Mr. A cannot seek injunctive order against the
University; as ex debito justiciae because the
bylaws of the University has prescribed a
right of appeal against the findings of the
disciplinary committee; similarly, Dr. A
cannot be granted injunction as he can seek
remedy before PMDC.
If it was not the case, then under ex debito
justiciae the matter could be agitated
15. 1963 PTD 633
[Supreme Court Pakistan]
NAGINA SILK MILL, LYALLPUR-Appellant
versus
(1) THE INCOME-TAX OFFICER, A-WARD LYALLPUR
AND
(2) THE INCOME-TAX APPELLATE TRIBUNAL,
PAKISTAN-Respondents
Mr. A. R. Cornelius, C J, S. A. Rahman, Fazle-
Akbar, B. Z. Kaikaus and Hamoodur
Rahman, JJ
16. In cases of absence or excess of jurisdiction or where the impugned
order suffers from illegality on the face of the record, a certiorari
may be granted even though the right of statutory appeal had not
been availed of. A certain amount of flexibility is allowed by the law
in the case of a prayer for a writ of certiorari as compared with a
case for a mandamus. If the application for certiorari is made by a
party aggrieved, then it ought to be granted ex debito
justitiae……This would specially be the case where the alternative
remedy provided by the relevant statutes is
i. not as efficacious,
Ii. speedy or
Iii convenient
as the one available under the writ jurisdiction of the High
Court.
17. Mr. Muffakir is employed at a Cadet College
as Lecture. He developed grudge with the
Principal, and thus was expelled from service.
The bylaws of the Cadet College does
prescribe a forum of appeal, but the remedy
of reinstatement is not provided. He has
brought a civil suit and with that is a CMA
seeking injunctive order of reinstatement.
Would you grant the stay?
18. Mr. A was employed in PIA as a ‘Security
Guard’, was served with show-cause, for
having absent. He filed reply but was
found unsatisfactory. He was issued
formal charge sheet. He failed to meet
the charges and dismissed. His
departmental appeal also led to failure.
Thereafter he filed a civil suit for
declaration. Would you grant the
injunction directing reinstatement?
19. Mr. H was employed in an
organization having statutory notified
rules. He was expelled from service.
He brought a suit seeking re-
instatement, the statutory bylaws did
not provide for the relief of re-
instatement but there was remedy of
departmental appeal provided. Would
you grant injunction to reinstate him?
20. R.T.H. Janjua vs National Shipping Corporation (1974 PLD SC 146)
Syed Akbar Ali Bokari vs State Bank of Pakistan & other (PLD 1977
Lah 234)
Muhammad Yusuf Shah vs Pakistan International Airlines
Corporation (PLD 1981 SC 224)
KAMRAN AHMAD Vs WATER AND POWER DEVELOPMENT
AUTHORITY through Chairman and 3 others
2014 P L C (C.S) 332 Lah
21. Mr. R obtained loan from Cooperative Housing
Society. He made default, it led to arbitration
against him. Notice was issued to him by the
Cooperative Bank, still no payment, thus his
house was auctioned. On knowing of the
auction of his house, Mr. R tendered the return
of the amount to the Bank, but was not
accepted. Thus he brought a civil suit, seeking
injunction against the auction purchaser
besides declaration etc, and cancellation of
whole proceedings. Would you grant injunction,
please take note that there is a blanket ouster
in the law applicable to the Cooperative
Society?
22. Ouster clauses be construed very strictly.
Authority or Tribunal was not validly
constituted.
Order or action was with malice.
Order or action were such which could not be
passed by the Authority or Tribunal under the
law.
In passing the order or taking action the
principles of natural justice were violated.
Then Civil Court would have jurisdiction in
the matter.
23. Dispute between the parties is over a
compartment of a Forest. Matter was referred
to arbitration. The award was passed in favor
of claimant, that he could extract timber.
Claimant moved application for making this
award rule of Court. During its pendency
claimant moved an application seeking
temporary injunction, in terms of allowing him
to shift timber to a safe place. Would you grant
the injunction?
There is threat of subject matter being wasted.
24. There must be a greater
convenience in granting than
refusing the injunction &
equally efficacious relief must
not be obtainable by other
usual mode or proceedings.
25. Civil Law Reforms Act, 1994
Rule 2A & 2B inserted in Order XXXIX CPC.
After hearing parties for 6 months,
Further extendible but after intimation
to High Court
15 days
With hearing
defendant
26. i. Prima facie case.
ii. Balance of convenience.
iii. Threat of irreparable loss.
27. Prima facie case: Pleadings containing facts
constituting the existence of right of the pltff &
its infringement at the hands of the opposite
party.
Balance of convenience: means if an injunction is
not granted & suit is ultimately decided in favor
of the pltff, the inconvenience caused to the pltff
would be greater than the one caused to the
defendants if the injunction is granted.
Irreparable loss: which is incapable of being
calculated on the yardstick of money.
28. Mr. M is owner of plot in Clifton. He paid
exorbitant amount on lease as KDA had
promised that it would not be commercialize it.
Later they did. Mr. B who own a plot there,
applied to KDA for conversion of the plot to
commercial, but on opposition of Mr. M, it was
refused; which led to a constitution petition,
that was allowed. Later Mr. M brought a suit
over the same subject matter; u/s 91 CPC; he
sought injunction debarring Mr. B from the
activity; would you grant so?
29. Court has to securitize & analyze the
conduct of plaintiffs to access their
entitlement to the injunction.
Nuisance is not reasonably clear that it
would be a nuisance
It is not sufficient reason for purpose
of issuing a temporary injunction that
suit would be infructuous if temporary
injunction did not issue.
30. There was a dispute in respect of the
matters of a society. The aggrieved
members brought a petition before its
President. He called a meeting. In the
meanwhile the Society called for its Annual
General Meeting. The plaintiff after one
month of the proclamation of AGM brought
a suit challenging these acts of the society.
With the suit there was a CMA seeking
temporary injunction, would you grant the
ad interim injunction?
31. A plaintiff who is guilty of
willful delay in
approaching the court for
relief is not normally
entitled to ad interim
orders
32. Mr. A brought a suit in respect of an
orchard against Mr. B. During the
pendency of the suit he brought a
CMA seeking injunction debarring Mr.
B from using the passage adjacent to
the disputed orchard.
Would you grant stay?
33. Mr. A cannot seek interlocutory
injunction with regard to a matter
which is not the subject matter of the
suit.
Messrs. U.K. International
Proprietorship concern through Sole
Proprietor’ case (2006 CLC 679)
1974 SCMR 481 followed
34. Suit is for declaration perpetual injunction
and specific performance of agreement for
the purchase of a plot. Pltff claims that
besides paying the advance had paid its
installments but deft refuse to execute the
deed. There is CMA seeking temporary
injunction restraining interference. The
receipt of payment of monthly installment is
not annexed to plaint; would you grant the
temporary injunction?
35. Three ingredients must co-exists only
then injunction can be granted.
Mst. Rubina Bibi’s case
2012 YLR 1430 Peshawar High Court.
In absence of first condition, Prima
facie case, the injunction cannot be
granted.
36. In a suit for declaration & possession the
claim of the plaintiff rest upon a title deed
for an area recorded in his favor of 1 kanal.
The defendant’s claim that the entry to the
extent of ½ kanal is correct, while the rest is
concocted and without recording evidence
cannot be relied upon.
Should we grant temporary injunction?
37. Yes. Documents appended with the plaint
must be taken into consideration.
38. Ad interim injunction can be granted when
suit is pending and it cannot be granted
when the suit stood dismissed for default.
PLJ 1975 Lah 292
39. Basic intent and object of an
interim relief is always to
maintain status quo of suit
property and not to create a
different situation than what it
was existing at the time of
filing the suit.
40. Injunction becomes effective
only upon notice being served
on the parties. Mere existence
of temporary injunction does
not render void the alienation
of property in contravention of
injunction.
41. Local Commission can be deputed for
deciding a stay application.
2009 YLR 171
Loss of money is no loss.
42. 1. Prima facie case
2. Balance of convenience.
3. Irreparable Loss.
4. Conduct of the parties.
5. Nature of suit.
6. Time likely to be absolved in it.
7. The stakes of the parties involved.
8.Workability & reasonableness of the order
proposed.
9. If the order relieve a party an oppression care
should be taken that it does not create oppression for
the other party.
PLD 1968 Lah 876 followed in
2008 CLC 930 Peshawar
43. Approach should not be in a cursory manner
but objective to show application of mind and
the law.
PLD 1967 Lah 218
44. Mr. A has a claim over a public road. He
applied for injunction and was granted by
Senior Civil Judge. The defendant violated the
injunctive order; can he be punished for
violating the order of injunction of Senior
Civil Judge though his defense is that the
Court had no jurisdiction over the matter, as
it fall within the exclusive jurisdiction of the
Tribunal constituted under the Public
Property (Removal of Encroachment) Act,
1977.
45. Injunction granted by
Court having no
jurisdiction is void.
However, it is illegal it
should be obeyed unless
vacated.
46. An observation made by the
Appellate Court while deciding
the matter of temporary
injunction is not binding on
trial court while deciding the
case
47. Grant of injunction is a
serious matter and
Court should always
take good care while
granting injunction.
