| Citation(s) |
|---|
| 1986 SLG 310 1986 SLD 310 1986 SCMR 85 |
Supreme Court of Pakistan
Civil Appeal No. 94 of 1.981, decision dated: 12-10-1985. (On appeal from judgment, dated 16-2-1981 of the Peshawar High Court in Writ Petition No. 4 of 1981).
ASLAM RIAZ HUSSAIN ACTG. C.J., NASIM HASAN SHAH AND S. A. NUSRAT, JJ
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Civil Appeal No. 94 of 1.981, decision dated: 12-10-1985. (On appeal from judgment, dated 16-2-1981 of the Peshawar High Court in Writ Petition No. 4 of 1981).
ASLAM RIAZ HUSSAIN ACTG. C.J., NASIM HASAN SHAH AND S. A. NUSRAT, JJ
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HABIB BANK Ltd. and others
VS
NATIONAL INDUSTRIAL RELATIONS COMMISSION ISLAMABAD and others
Law:
Section:
(a) Constitution of Pakistan (1973)------Arts. 1650) & 199---Civil Procedure Code (V of 1908), O. XXXIX....rr 1 &. 2---Leave: to appeal granted to examine correctness of order of High Court vacating its earlier order of status quo during pendency of writ petition when all requirements necessary for issuance of interim relief appeared to exist in case. (b) Civil Procedure Code (V of 1908)-----O. XXXIX, rr. 1 & 2--Respondent not opposing prayer of appellant that status quo earlier vacated by High Court may continue during pendency of writ petition before High Court but praying that said writ petition might be heard within one month thereafter---Order accordingly. Ch. Akhtar Ali, Advocate-on-Record for Appellants. Respondent No. 1 in person (absent). Qazi M. Anwar, Advocate Supreme Court with J.D. Akbarji, Advocate-on-Record for Respondents Nos. 2 and 3. Date of hearing: 12th October, 1985. ORDER NASIM HASAN SHAH, J.-- This appeal, by leave of this Court, directed against an order; dated 16th February, 1981 passed by the Peshawar High Court whereby an earlier order dated 12-1-1981 passed by it directing maintenance of status quo during the pendency of the writ petition was vacated but the main writ petition was ordered to be fixed for hearing "positively within one month from this date." This Court while granting leave on 24th February, 1981 noted that all the requirements necessary for issuance of interim relief appeared to exist in the case and the correctness of the order vacating earlier order of status quo required consideration. It was also directed that the appeal shall early date on the existing record with liberty to the parties to file additional documents. Interim stay was also granted but it was observed "that the High Court will proceed to hear the main petition in accordance with the direction contained in the impugned order" of the High…
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