Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2--­Constitution of Pakistan Cricket Board, Arts.32, 37 & 41---Constitution of Pakistan (1973), Art. 17---Suit for declaration and injunction--­Suspension/supersession of Karachi City Cricket Association Karachi by the Ad hoc Committee of Pakistan Cricket Board---Suspension of the Karachi City Cricket Association meant and included suspension of nearly 318 Clubs and deprivation of thousands of cricket players who were all looking forward to playing on provincial and national levels---Word "opinion" as used in Art.37 of the Constitution of Pakistan Cricket Board contemplated a situation where there should be a subjective assessment of the entire situation by the Authority before taking any action under the said Article---Powers under said Art.37 had to be exercised rarely, sparingly and in very exceptional cases when any of the conditions enumerated therein were fulfilled and the same was directly in conflict with the fundamental rights, which not only grant right to form an association but at the same time, also grant right to continue running of the same---Very concept of fundamental right was that same being a right guaranteed by the Constitution of the State could not be taken away by the law, and it was not only technically inartistic but a fraud on the citizens for the makers of the Constitution to say that a right was fundamental and still that could be taken away by the law---Plaintiff, in the present case, tied prima facie established that action of the defendant in suspending the Karachi City Cricket Association did not fall within the scope of Art.37 of the Pakistan Cricket Board and it was violative not only of the principles of natural justice but also of the fundamental rights---All such circumstances of the present case supplied sufficient material to initially establish malice in law---Burden was on the defendants to prove bona fides and lawfulness of their action under challenge in the suit for which no material, whatsoever was placed by them, except for bare allegations of irregularities and misuse of funds of the Association,…

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