Law: Drugs Act, 1976

Section: 39

Law: Specific Relief Act, 1877

Section: 42,54,56(d)

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Drugs Act (XXXI of 1976)--- ----S. 39---Specific Relief Act (I of 1877), Ss.42, 54 & 56(d)---Civil Procedure Code (V of 1908), S.115 & O.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Civil court, jurisdiction of---Plaintiff assailed fixation of price by the authorities of drug manufactured by him and sought interim injunction which was concurrently declined by Trial Court as well as Lower Appellate Court---Validity---Ousting of jurisdiction as provided in S.39 of Drugs Act, 1976 operated only if Board or Drug Court had acted in accordance with four corners of law---When there was any illegality or jurisdictional defect in exercise of authority, same could be examined by civil court being courts of plenary jurisdiction---Ouster clause was not an impediment in exercise of jurisdiction by civil court---No injunction could be granted under S.56(d) of Specific Relief Act, 1877, against exercise of authority by public functionary---If public functionary had acted illegally or with mala fide, exclusion clause was not applicable---Both courts below had erred in holding that civil court did not have jurisdiction in view of S.39 of Drugs Act, 1976---Such conclusion reached by courts below was without examination of fact that whether authorities had exercised their authority in accordance with law or acted with mala fide---High Court set aside orders passed by two courts below as jurisdiction exercised by said courts was with material irregularity and case was remanded to Trial Court for decision afresh---Revision was allowed accordingly. Shahida Bibi and others v. Habib Bank Limited and others PLD 2016 SC 995 ref. Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another PLD 1970 SC 180; Hamid Husain v. Government of West Pakistan and others 1974 SCMR 356; Province of the Punjab through Collector District Khushab, Jauharabad and others v. Haji Yaqoob Khan and others 2007 SCMR 554; Begum Syeda Azra Masood v. Begum Noshaba Moeen and others 2007 SCMR 914; M/s Getz Pharma (Pvt.) Ltd. through Authorized Person v. Province of Sindh through Chief Secretary, Government of Sindh and…

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