Case Details

Citation(s)
1993 SLG 858 1993 SLD 858 1993 SCMR 2078
Supreme Court of Pakistan
Civil Appeal No. 14-Q of 1993; decided on 2nd August; 1993
ABDUL QADEER CHAUDHRY, SAEEDUZZAMAN SIDDIQUI AND MANZOOR HUSSAIN SIAL, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MACH MINERALS ENTERPRISES (PVT.) LTD and others

UNITED MINERALS COMPANY and others

Law:

Section:

(a) Balochistan Mining Concession Rules, 1970--R. 37---Constitution of Pakistan (1973), Art.185(3)--- Leave to appeal was granted to consider; whether civil suit to enforce Award was competent; and whether an assignment of lease without prior permission of Director, Mineral Development as required under R.37, Balochistan Mining Concession Rules, 1970, was permissible. (b) Balochistan Mining Concession Rules, 1970--- ----S. 37---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2--­Constitution of Pakistan (1973), Art. 185---Ad interim injunction granted by two Courts below and duly supported by material on record ---Validity--­Finding of High Court that plaintiff had succeeded to make out prima facie case on the basis of material on record was neither perverse nor based on conjectures and surmises---Conclusion regarding existence of prima facie case in favour of plaintiff was supported by material on record---Both Courts below had correctly found that balance of convenience was in favour of plaintiff and that by withholding the grant of injunction, plaintiff was likely to suffer irreparable injury---Grant of status quo order by First Appellate Court and confirmed by High Court being on relevant considerations was maintained in circumstances. Abdul Karim v. Mirza Bashir Ahmed PLD 1974 SC 61 ref. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.---The above appeal by the leave of this Court is directed against the order of a learned Judge in Chambers of the High Court of Balochistan, dated 1-3-1993, whereby Civil Revision No. 29/1993, filed by the appellants against the order of Additional District Judge, Quetta dated 18-1-1993, was dismissed and the interim order passed by the Additional District Judge, Quetta, directing the parties to maintain status quo, as it existed on the date the trial Court passed the ad interim order in the case till the disposal of the suit, was uphled. 2. Leave was granted in the case against the order of High Court to consider the following questions:-- "(1) Whether a civil suit to enforce an Award is competent? and (2) Whether an assignment of lease without prior permission of Director, Mineral Development, as required under rule 37 of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492