Qanuni Amdad urdu

Resjudicata 2nd suit. 2024 C L C 1468 [Lahore] Before Sultan Tanvir Ahmad, J MUHAMMAD ZULFIQAR ALI----Appellant Versus RASHID MEHMOOD SIDHU----Respondent F.A.O. No.72708 of 2023, decided on 18th April, 2024. Civil Procedure Code (V of 1908)--- ----O.II, R.2, O.XXIII, R.1(3)---Specific Relief Act (I of 1877), S.54---Intellectual Property Organization of Pakistan Act (XXII of 2012), S. 19---Suit for injunction---Withdrawal of earlier suit---Bar contained in O.XXIII, R. 1(3), C.P.C.---Applicability---Appellant assailed order passed by Intellectual Property Tribunal, whereby it declared that filing of second suit was not hit by the bar contained in O.XXIII R.1(3), C.P.C.---Validity---One of the common principles engrafted in O. II, as well as O. XXIII, C.P.C. is that unless the Court is satisfied as to the reasons given in relevant rules of the two Orders, defendants should not be subjected to more than one suits for same cause---In O.II, R.2, C.P.C., the Legislature has used words where a...

Responsibilities of agreement. 2024 C L C 1478 [Islamabad] Before Mohsin Akhtar Kayani and Sardar Ijaz Ishaq Khan, JJ CIRCLENET COMMUNICATIONS PAKISTAN (PRIVATE) LIMITED through Muhammad Wajahat Zeeshan Shah---Appellant Versus PAKISTAN TELECOMMUNICATION COMPANY LIMITED through General Manager---Respondent Regular First Appeals Nos.66 of 2013 and 55 and 56 of 2015, decided on 20th February, 2024. Contract Act (IX of 1872)--- ----S. 62---Suit for recovery of damages---Novation of contract---Effect---Respondent / plaintiff company filed suit for recovery of damages against appellant / defendant company---Trial Court decreed the suit in favour of respondent / plaintiff company---Validity---Discharge of original contract under S. 62 of Contract Act, 1872, was only to the extent it was novated, rescinded or altered---Such novated contract did not override intention of parties to novate original contract only partially---Original contract to the extent it was not novated or altered remained b...