Law: Civil Procedure Code (V of 1908)

Section: 2

Law: Specific Relief Act, 1877

Section: 56

Law: Constitution of Pakistan, 1962

Section: 19,19-A

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, R. 2---Specific Relief Act (I of 1877), S. 56---Interim injunction, grant of---Principle---Damages, quantification of---Effect---When provisions of O.XXXIX, R.2, C.P.C. permit plaintiff to apply for temporary injunction notwithstanding his claim for compensation it was a misconception to say that the quantification of damages in the pleadings will oust temporary injunction; in fact when plaintiff quantifies his damages that is not taken by court as a ground by itself to deny a temporary injunction, but it is taken as a factor in assessing whether denial of temporary injunction would result in irreplaceable harm or injury to plaintiff---Cases falling under S.56 of Specific Relief Act, 1877 are distinguishable, for in such cases a temporary injunction may also be refused on ground that when perpetual injunction cannot be granted, a temporary injunction should not be granted. Sultan Ali Lakhani v. Mir Shakil-ur-Rehman PLD 1997 Kar. 41 and Muhammad Kashan v. Coca Cola Export Corporation 2015 CLD 1513 rel. (b) Constitution of Pakistan--- ----Arts. 19 & 19-A---Freedom of press---Limitations---Freedom of speech and press, including electronic media is a fundamental right enshrined in Art. 19 of the Constitution---Such right is not an absolute right and is subject to reasonable restrictions specified in Art. 19 of the Constitution itself---Right to have access to information in matters of public importance under Art. 19-A of the Constitution is also subject to regulation and reasonable restrictions imposed by law. The test laid down by Lord Atkin in Sim v. Stretch (1936) 2 All ER 1237; Reynolds v. Times Newspaper Ltd. (1999) 4 All ER 609 and Sheikh Muhammad Rashid v. Majid Nizami PLD 2002 SC 514 rel. (c) Constitution of Pakistan--- ----Art. 19-A---Freedom of press---Doctrine of "qualified privilege"---Applicability---Defence of "qualified privilege" is available to press and electronic media on principle that on matters of public importance they are under a duty to report same to public who have a corresponding interest to know the same---Defence of "qualified privilege" can be defeated if plaintiff proves that…

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