Law: Sale of Goods Act, (III of 1930)

Section: 2

(a) Civil Procedure Code (V of 1908)--O. XXXIX, Rr. 1 & 2---Interim injunction, grant of--­Essential conditions---Party seeking injunction must show existence of a prima facie case in his favour; Court must be satisfied that if injunction was, not issued, irreparable damage or injury would be caused to such party and that the balance of convenience was in favour of grant of injunction. (b) Sale of Goods Act (III of 1930)--- ----S. 2(4)---Party claiming title to cargo not holding original Bill of Lading with regard thereto---Effect---Original Bill of Lading was document of title with regard to cargo---Mere filing of In bond Bill of Entry on the basis of photocopies would not confer title to such party, who must be armed with original Bills of Lading duly endorsed in his favour. (c) Sale of Goods Act (III of 1930)----- ----Ss. 4 & 58---Specific Relief Act (I of 1877), Ss. 21(1) & 56(f)---Contract Act (IX of 1872), S.73---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Contract for sale of goods--­Interim injunction against breach of contract, grant of--­Entitlement---Such contract was not routinely a contract capable of being specifically performed---Permanent injunction could not be issued in relation. to contract not usually capable of being specifically performed---Where permanent injunction could not be issued, interim injunction would also not be issued---Compensation in terms of money would be adequate consideration in relation to such contract, unless otherwise shown and established---No element of irreparable loss, was likely to be caused if interim injunction was not granted. Petro Commodities v. Rice Export Corporation of Pakistan PLD 1998 Kar. 1 fol. Oil & Gas Development Corporation v. Shujjahuddin (Pvt.) Ltd. PLD 1970 Kar 332; V.N. Lakhani & Co. v. Government of Pakistan PLD 1975 Kar. 781; Sahaf Corporation (Pvt.) Ltd. v. K.P.T. 1989 MLD 616; Al Farooq Shipping Company (Pvt.) Ltd. v. Vasa Shipping Ltd. 1980 CLC 1228; Misbahul Hasan v. Director General of Supplies 1994 CLC 1129 and Dada Steel Ltd v Metal Exports 1985 CLG 1814 ref. ORDER The plaintiff is carrying on business under the name and style Tahir Soap & Oil…

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