| Case ID |
d60626d2-ef73-4c78-9846-6bbd7348eb67 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 123 |
| Decision Date |
May 27, 1966 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal from the order of the Division Bench of the High Court. The Court found no merit in the petition as it upheld the decision of the District Judge, who had set aside an interim injunction granted by the trial Court. The Court emphasized that it ordinarily does not interfere in interim orders unless there is clear evidence of arbitrary or unreasonable discretion exercised by the lower courts. The balance of convenience favored the refusal of the interim injunction, as granting it would have unjustly affected the respondents' access to water without significant loss to the petitioners. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 123 of 1966, the Supreme Court of Pakistan addressed the critical issue of interim injunctions in the context of constitutional law. The case revolved around the petitioners' challenge to the District Judge's order that set aside an interim injunction preventing the construction of a water channel. The Supreme Court reiterated its stance that it typically refrains from intervening in interim orders unless there is evident misuse of discretion by lower courts. The decision highlighted the principles surrounding the balance of convenience and the necessity of demonstrating a prima facie case in order to secure interim relief. The ruling reinforces the importance of judicial discretion and the need for a careful examination of the implications of granting such relief in cases affecting fundamental rights and access to resources. This case serves as a significant reference for future disputes involving interim orders and the exercise of judicial discretion under constitutional provisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAZLEAKBAR,
MUHAMMAD YAQUB ALI
|
| Lawyers |
Nasim Hasan Shah, Senior Advocate Supreme Court,
Shaukat Ali Khawaja, Advocate, Supreme Court,
Khalilur Rahman Chaudhri, Attorney for Petitioners
|
| Petitioners |
MUHAMMAD SADIQ
|
| Respondents |
ANOTHER,
BASHIR AHMAD
|
| Citations |
1966 SLD 106,
1966 PLD 717
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
58(3)
|