Case Details

Citation(s)
1994 SLG 1003 1994 SLD 1003 1994 SCMR 2024
Supreme Court of Pakistan
Civil Petition No. 355 of 1993 (converted into appeal), decision dated: 22-11-1993
ABDUL QADEER CHAUDHRY SAEEDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ

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CANTONMENT BOARD, RAWALPINDI and others

MUHAMMAD YAQOOB and 4 9 others

Law:

Section:

Specific Relief Act (I of1877)--S.' 55---Constitution of Pakistan (1973), Art. 185---Grant of interim mandatory injunction by High Court in exercise of its revisional jurisdiction without hearing opposite side---Validity---High Court appeared to have acted in haste in the issuance of such injunction without affording opportunity of hearing to opposite side---Order in question, was, thus not sustainable--­Petition for leave to appeal was converted into appeal and while allowing the same, Supreme Court set aside order in question---Main revision was, however, directed to be disposed of as early as possible. MA.' Naser v. Chairman, Pakistan Eastern Railways PLD 1965 SC JUDGMENT WALI MUHAMMAD KHAN, J.---Cantonment Board, Rawalpindi and another, petitioners herein, seek leave to appeal against the judgment dated 24-7-1993 passed by a learned Single Judge of the Lahore High Court Rawalpindi Bench, whereby on the admission of the Civil Revision No. 300/93 filed by Muhammad Yaqoob and others, the respondents were allowed to carry on their business under the old licence subject to the deposit of licence fee under the said licence by directing the petitioners to allow them to deposit licence fee. We have heard Mr. Tanvir Bashir Ansari, Advocate, for the petitioners; Mr. Muhammad Munir Peracha, Advocate, for the respondents; and have perused the available record of the case. The learned counsel for the petitioners contended that at the time of the institution of the suit by the respondents, the licences issued to them had already expired and that the learned High Court had no power or jurisdiction to…
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