Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2,4,O.XL,R.I,O.VII,R.11(d), 11(a),2(2),O.XII,R.6,O.XX,Rr.12to16,18,O .XXXIV,Rr.2,3,4,5,7,8

Law: Contract Act, 1872

Section: 202

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1, 2 & 4---Injunction order---Powers of court to amend or set aside such order---Scope stated. The court has ample powers to discharge, vary or set aside the injunction order and even where subsequent to passing of the injunctive order, some development took place and new circumstances emerged requiring consideration, the court may in appropriate cases vary, modify or even discharge the injunction order. Muhammad Qasim v. Tahir Saleem and another 2004 MLD 1820; Muhammad Inam v. Dr. Muhammad Safdar 1988 CLC 230 and Sindh Madrasatul Islam Board Society v. Shamim 1982 CLC 2242 ref. (b) Interpretation of statutes--- ----Illustrations attached with a section of statute---Scope stated. Illustrations should not be read as extending the meaning of a section, they should also not be read as restricting its operation, especially so when the effect would be to curtail a right which the plain words of the section would confer. Principles of Statutory Interpretation, Ninth Edn. by Justice G.P. Singh; Mahomed Sydeol Ariffin v. Yeah Oai Gawk, 43 IA 256; (1916) 2 AC 575 and Bengal Nagpur Railway Co. Ltd. v. Ruttanji Ramji AIR 1938 PC 67 rel. (c) Contract Act (IX of 1872)--- ----S. 202---Agent's authority coupled with an interest in subject matter of agency, determination of---Essential factors stated. Where an agreement is entered into on a sufficient consideration whereby an authority is given for the purpose of securing some benefit to the donee of such authority, such an authority is irrevocable. The interest of the agent in the subject of the agency may be inferred from the language of the document creating the agency, and from the course of dealings between the parties. It is the existence of the interest and not the mode in which it is given, that is of importance. The interest which an agent has in effecting a sale and the prospect of remuneration to arise therefrom do not constitute such an interest as would prevent the termination of the agency. The prospect of earning a commission is not an interest for this purpose. Where the agent has only to get commission after the accrual of the net collection, he…

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