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Property in Peril due to Legal Actions against Property
The legal actions directly or indirectly against property include Interlocutory injunctions, Attachments (of property) before Judgment, Mareva injunctions and Actions in rem. Such actions though stand apart in their nature and procedures yet have some similarities. Mareva injunction not being very common in Pakistani jurisdictions has not been discussed in this article and will be dealt with in a separate article. Restraining orders by courts of competent jurisdictions against properties and commercial activities have significant consequences in trade and commerce. Such orders include interlocutory injunctions, attachments before judgment and arrest of res under an action in rem in Admiralty jurisdiction. In such cases property in question is affected and consequently the owner of such property may suffer adversely with considerable impact on commercial and trading activities. In this article an endeavor has been made to compare the three modes of restraining property by a court and differentiate between them. Reading the three approaches together may help in learning about the origin and object of these actions. Restraints on use of property found wrongful or without reasonable justification after a considerable time on conclusion of the matter before court have no effective mechanism for redress or remedy. Such issue will be taken in forthcoming articles.
Dr. Qamar Abad
Lecturer, School of Law, University of Karachi, Sindh, Pakistan
Assistant Professor, College of Law, Government College University, Faisalabad, Punjab, Pakistan