Case Details

Citation(s)
1997 SLG 1225 1997 SLD 1225 , 1997 PLD 41
Sindh High Court
Suits Nos.578 and 579 of 1992, decided on 16th October, 1996.
Presented By: Before G. H. Malik, J
Aziz A. Munshi and Khalid Anwar for Plaintiff. Muhammad Ali Mazhar for Defendants.

Senator SULTAN ALI LAKHANI---Plaintiff

VERSUS

Mir SHAKIL UR RAHMAN and 4 others---Defendants

Law: Qanun-e-Shahadat (10 of 1984)

Section: 54 , 55

Law: Specific Relief Act (I of 1877)

Section:

  Qanun-e-Shahadat (10 of 1984)--- ----Art. 15---Object, scope and applicability of Art. 15, Qanun-e-Shahadat, 1984---Article 15, Qanun-e-Shahadat would relate only to witness and would apply to examination of witness in Court or on commission---Such witness could not refuse to 'answer question relating to any matter which was relevant to any fact in issue in suit. Attorney-General v. Clough (1963) 1 QB 773; British Steel Corporation v. Granada Television Ltd. (1981) A.C.1096; X Ltd. and another v. Morgan Grampian (Publishers) Ltd. and others (1990) 1 All ER 616; Hari Shankar v. Kailash Narayan AIR 1982 MP 47; Nelson's Law of Injunction, 3rd Edn., p.870; Rao on Law of Injunctions, 6th Edn., pp.143, 144, 182-183; American Law Report, 2nd Edn., Vol. 47, p.726, para 5; American Law Report, 2nd Edn., 726, para. 26; Brij Bhushan and another v.`The State of Delhi AIR 1950 SC 129; Express Newspapers Ltd. v. Union of India AIR 1958 SC 578; Unichem Corporation (Fwt.) Ltd. and others v. Abdullah Ismail and others 1992 MLD 2374; Fraser v. Evans and utners (1969) I All ER 8; Corpus Juris Secundum, Vol. 43, p.679, para. 134; Nelson's Law o.` Injunctions, 3rd Edn., paras. 51 to 53 and Subhas Chandra Bose v. R. Knight & Sons and another AIR 1929 Cal.. 69 ref. - , Specific Relief Act (I of 1877)--- ----Ss. 54 & 55---Civil Procedure Code (V of 1908), O. XXXIX, kr. I & 2 - Constitution of Pakistan (1973), Art. 19---Tort---Temporary injunction, application for---Suit for damages---Material published in newspapers of defendants claimed to be libellous ex facie and defamatory against plaintiff fur which he had filed suit for damages and therein, he claimed temporary injunction for restraining defendants from publication of defamatory material-- Power of Court to grant such temporary injunction and entitlement of plaintiff to claim such relief---Court would have power and jurisdiction to grant perpetual injunction to prevent breach of obligation and temporary injunction to prevent committing of injury complained of---Held, every person has right to his reputation and there is corresponding obligation not to harm that reputation and thereby cause injury…
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