- Grant of temporary injunction — Principles of irreparable injury not shown, if case succeeds tax paid will be refunded — Application dismissed. Spintex Limited v. AJK Govt. and 2 others 1997 SCR 34 (A)
- Injunction — Issuance of — Necessary requirement for — Respondents would raise construction over the disputed land at their own risk. Jamia Masjid Sharif Rara and another v. Khalil-ur-Rehman & 3 others 1998 SCR 12 (B)
- There is no dispute in law that granting of an injunction is purely within the discretion of the Court or Tribunal seized with the case — However, this discretion is required by law to be exercised in judicial manner, that means that such discretion must be exercised on sound judicial principles — Provisions of C.P.C. as for as those are applicable are followed in deciding appeal of civil servants by the Service Tribunal — Under C.P.C. the guiding principles for allowing or refusing the stay order are that whether party applying for stay has got a good arguable case and whether balance of convenience is on its side, and in case stay order is not allowed to such party, it would suffer irreparable injury — The Service Tribunal in the present case has rejected the application seeking suspension of impugned order merely on the ground that deptt. would suffer loss, whereas the Tribunal was required to decide as to whether it would be necessary to preserve status quo until the appeal is finally disposed of — Held: Service Tribunal failed to exercise jurisdiction in accordance with the established norms of law — Order under appeal set aside — Case remanded Status quo ordered. Muhammad Suleman Awan v. Azad Govt. and 5 others 2001 SCR 349 (A)
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