| Case ID |
2af794e0-e5f4-47c5-ad79-5f90259a9e46 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 5 o |
| Decision Date |
May 10, 1972 |
| Hearing Date |
May 10, 1972 |
| Decision |
The Supreme Court granted Special Leave to Appeal to consider whether the High Court had the jurisdiction to set aside the concurrent finding of the Courts below. The case revolves around a mandatory injunction suit filed by the petitioner against the respondent Bank for the release of edible oil, which the Bank refused to release despite payment made by the petitioner. The High Court had set aside the trial Court's order based on the assertion of a general lien held by the Bank, which the petitioner contested. The Supreme Court found merit in the petitioner's arguments, particularly regarding the High Court's jurisdiction in overriding the decisions of lower courts. Leave was granted for the appeal to proceed, with directions for the lower court to refrain from announcing a judgment until the appeal is resolved. |
| Summary |
This case involves a civil petition for special leave to appeal concerning an interlocutory injunction related to the release of edible oil imported by the petitioner, Mian Muhammad Shafi, through the Muslim Commercial Bank Ltd. The petitioner had made a full payment for the oil but faced refusal from the bank to release it, leading to a suit filed for mandatory injunction. The trial court initially granted a temporary injunction, but the High Court later overturned this, citing a general lien held by the bank. The Supreme Court's decision focuses on the jurisdiction of the High Court to set aside the findings of the lower courts and whether the bank had a legitimate claim over the goods in question. This case highlights significant aspects of civil procedure, the rights of creditors and debtors, and the interpretation of liens in commercial transactions. Keywords: interlocutory injunction, mandatory injunction, civil procedure, general lien, jurisdiction, edible oil import, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Messrs Sargroh Vegetable Ghee and General Mills, Lyallpur,
Association of Vanaspati Ghee Manufacturers
|
| Judges |
SAJJAD AHMAD,
WAHEEDUDDIN AHMAD
|
| Lawyers |
Abid Hassan Minto, Advocate Supreme Court,
Sh. Masood Akhtar, Advocate-on-Record
|
| Petitioners |
Mian MUHAMMAD SHAFI
|
| Respondents |
MUSLIM COMMERCIAL BANK LTD., LYALLPUR
|
| Citations |
1972 SLD 157,
1972 SCMR 212
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1962)
|
| Sections |
O. XXXIX, r. 1,
Art. 58(3)
|