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Sunday, 13 August 2017

Civil case laws


CIVIL  CASE LAWS(  INJUCTION )

2008 CLC 418
Suit for permanent injunction is not maintainable unless plaintiff shows some right, title and interest in suit property..




2008 CLC 1328
In a suit for partition, plaintiff was permitted to repair or construct new house upon his own risk and cost after submitting affidavit.

PLD 2012 Sindh 443
When order of any authority on the basis of malafide then there is no need to establish three ingredients as prescribed u/o 39 rule 1.

2009 YLR 2454
Only those documents could be considered in case of injunction which were part of the record at the time of filing of the application for injunction

2004 SCMR 1092
Injunction is form, of equitable relief and there is to be issued in aid of equity and justice but not in the aid of injustice.  For grant of such relief it is mandatory nut only to established that petitioner has a prima-facie case, but also that balance of convenience is on his side and that he would suffer irreparable injury loss unless he is protected during the pendency of suit

2009 CLC 92
In a suit for partition, no one could be permitted to make construction over valuable part of land upon his own risk and cast when partition proceeding or pending

2004 MLD 1820
Trial court had impel power under order 39 rule 4 to discharge vary or set aside the order
Interim injunction issued in absence of other party.  Such order could be challenged before appellate court under 43 rule 1 clause CPC.

2009 YLR 171
Loss of money is not irreparable loss Ad-interim injunction was not issued

2011 YLR 1089
Ad-interim injunction was issued relating to thus stand

2011 CLC 391, 2011 CLC 421
What is Ad-interim injunction and status-quo.

2011 CLC 933
Three ingredients or defined

2011 CLC 1086
What are valid requirements for issuance of mandatory injunction

2011 MLD 1518
Co-sharer may apply for temporary injunction to protect his possession to be extent of his own share but not exceeding from his entitlement

2011 YLR 2515
In every case Ad-interim injunction should not be issue liberally court should satisfied itself�. Principle defined

2011 MLD 1787
Ad-interim injunction is issued against a person nut a official designation =

2011 YLR 2767
In a suit for specific against performance interim injunction was granted on the condition of deposit of remaining amount

2011 YLR 2886
Interim injunction without valid and enforceable contact could not be issued

2011 CLC 1866
Despite fulfillment of three ingredients in appropriate cases in the larger public interest Ad-interim injunction may be refused

2011 CLC 1985
In the grab of Ad-interim injunction, total relief could not be granted

2012 YLR 809
Ad-interim injunction would not be issued relating to joint land rather suit for partition be filed

2012 CLC 415
Ad-interim injunction should be issued in case of extreme emergency.

2012 CLC 721
Ad-interim injunction� defined.   Relating to News Agency

PLD 2012 Islamabad 68
In a suit for partition possession was forcibly constructions were stopped.

PLD 2012 Sindh 250
Public street could not be allotted nor construction maybe made upon it

PLD 2012 Sindh 434
For issuance status quo no new situation could be created.  In the grab of interim injunction final relief could not granted.

2012 CLC 6
Court may take the notice of the all matters during the pendency the suit

2013 CLC 333
Injunction against public functionary on the ground of financial law could not be issued

2013 YLR 489
Plaintiff claim that he be not dispossessed except partition suit be decreed.

2013 CLC 744
Suit on the basis of unregistered deed interim injunction was woved due to defect that deeds or not registered

2013 MLD 1388
School in residual area was found to be commercial and was also found to be nuisance interim injunction was granted

2013 CLC 1823
Defendant illegally encroached land of plaintiff.  Interim injunction without demarcation of land to determine the share of the party could not be granted.
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2014

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