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Showing posts from December 19, 2024

Specific performance | -Pecuniary compensation

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Specific performance | -Pecuniary compensation 2024 C L C 1549 [Sindh] Before Ahmed Ali M. Shaikh, CJ and Adnan Iqbal Chaudhry, J SPEC ENERGY DMCC----Appellant Versus PAKISTAN PETROLEUM LIMITED and another----Respondents High Court Appeals Nos.28 and 29 of 2021, decided on 18 September, 2023. Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 12, 21(a) & 56(f)---Intra Court Appeal---Specific performance of agreement---Interim injunction, refusal of---Pecuniary compensation---Agreement not enforceable---Effect---Appellant / plaintiff company was awarded contract who failed to complete the project---Respondent / defendant company terminated the contract and did not allow appellant / plaintiff company to remove it's equipment from the site---Judge in Chambers of High Court dismissed applications moved by appellant / plaintiff company and restrained it from interfering with completion of works at the site---Validity---Contract had...

199 Restoration of possession---Petitioner being general secretary of Fruit and Vegetable Commission Agents Association sought the removal of the private respondents being illegalRestoration of possession---Petitioner being general secretary of Fruit and Vegetable Commission Agents Association sought the removal of the private respondents being illegal

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Restoration of possession---Petitioner being general secretary of Fruit and Vegetable Commission Agents Association sought the removal of the private respondents being illegal 2024 C L C 1565 [Balochistan] Before Muhammad Ejaz Swati and Nazeer Ahmed Langove, JJ SHER ALI BANGULZAI, GENERAL SECRETARY NATIONAL F&V COMMISSION AGENTS ASSOCIATION (REGD.), QUETTA----Petitioner Versus GOVERNMENT OF BALOCHISTAN through Chief Secretary Balochistan Quetta and 6 others----Respondents Constitutional Petition No.917 of 2021, decided on 23rd October, 2023. Constitution of Pakistan--- ----Art. 199---Constitutional petition---Encroaching upon property of others in the garb of business---Restoration of possession---Petitioner being general secretary of Fruit and Vegetable Commission Agents Association sought the removal of the private respondents being illegal encroachers/Mashakhors, from the two platforms Hazar Ganji Fruit and Vegetable Market, Quetta, with prayer to shift them to their allotted la...