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ADMINISTRATOR ISLAMABAD CLUB vs CAPITAL DEVELOPMENT AUTHORITY O — 2022 MLD 1869 ISLAMABAD

Case information

Citation
2022 MLD 1869 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
MLD
Parties
ADMINISTRATOR ISLAMABAD CLUB vs CAPITAL DEVELOPMENT AUTHORITY O
Subject matter
Civil
Provisions referred to
Islamabad Capital Territory Local Government Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ADMINISTRATOR ISLAMABAD CLUB VS CAPITAL DEVELOPMENT AUTHORITY O.XXXIX, Rr.1 & 2---Temporary injunction, grant of---Monetary matter---No question of irreparable loss---Scope---Plaintiff challenged the demand of property tax by the Capital Development Authority (CDA) through a suit for declaration and temporary injunction---Trial Court dismissed the application for interim relief on the ground that since the demand notice was a monetary matter, hence, there was no question of irreparable loss---Contention of appellant, inter alia, was that act of recovery of property tax by the CDA was without jurisdiction inasmuch as under the Islamabad Capital Territory Local Government Act, 2015, Municipal Corporation had the sole jurisdiction to recover the property tax---Validity---After enactment of the Islamabad Capital Territory Local Government Act, 2015, the levy and collection of property tax was the domain of Municipal Corporation, Islamabad Capital Territory---Balance of convenience and irreparable loss had merged in the prima facie case tilting the balance in favour of the plaintiff entitling it to the grant of interim relief---Appeal as well as the application filed by plaintiff for interim relief was allowed.

Other judgments reported in 2022 MLD

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