Case Details

Citation(s)
2014 SLG 112 2014 SLD 112 2014 PLD 268
Sindh High Court
Suit No. 1706 of 2012, decided on 2nd December, 2013. datesof hearing: 28th October, 18th and 21st November, 2013
MUHAMMAD SHAFI SIDDIQUI, J
Akhtar Hussaian along with M. Masaud Ghani for Plaintiff. Haider Waheed for Defendants. Zeeshan Adhi for Defendant

Dr. SAMRINA HASHMIvsPAKISTAN MEDICAL ASSOCIATION (CENTRE) through Secretary GENERAL and others

Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 0.XXXIX,Rr.1,2

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), 0.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Individual and collective rights---Scope---Plaintiff was member of Pakistan Medical Association, who assailed act of expelling her from membership of the Association---Validity---Right of individual was subservient to the mandate and command of Association and right of individual had to yield to the demands and dictates of an institution---Mechanism and functioning of a body corporate or an association could not be made subservient to alleged rights of individuals, which rights were yet to be determined---Grant of mandatory injunction at such early stage and allowing plaintiff to continue would not be in favour of the Association which aimed higher---Decision on the application for interim injunction would not determine fate of entire case as such findings and observations were only tentative---Application was dismissed in circumstances. Air Marshal (Retd.) Muhammad Asghar Khan v. General (Retd.) Mirza Aslam Baig, Former Chief of Army Staff and others PLD 2013 SC 1; Karachi City Cricket Association, Karachi v. Mujeebur Rahman, Chairman Ad hoc Committee, Pakistan Cricket Board, Lahore and others PLD 2003 Kar. 721; Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416; Dr. Hafeez Rehman and others v. Pakistan Medical Association Jehlum and others 2013 MLD 651; D.M. Malik v. Jockey Club of Pakistan and others PLD 1960 WP Kar. 325; Tabassum Shahzad v. I.S.I and others 2012 PLC (C.S.) 866; Moharram Ali Shah and another v. Secretary, Ministry of Food and another 1982 SCMR 1166; Muhammad Aslam Mianoor and another v. Messrs Pakistan Cables Ltd. and another 2008 YLR 1536; Muhammad Aslam Miannor and another v. Messrs Pakistan Cables Ltd. and another 2008 YLR 1536; Khawaja Muhammad Saeed's case 1965 W.P. Lah. 92; Abdul Ghaffar Jangda v. Haji Ali Haroon, Muslim Gymkhana and others 2011 YLR 2907; Muhammad Waris and others v. Province of Punjab and others PLD 2003 Lah. 242; Khadim Hussain v. Mst. Mansab Mai and others 2006 SCMR 1142; Noor Muhammad Khatti and others v. The State…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492