Wed, December 04 2024

THE LEX

Judges receiving threatening letter continues to Lahore High Court and Supreme Court | Tax Amendment bill presented in Parliament | Election Commissioner gives more powers to magistrate in election matter | The 6 Judges letter remained unattended by Supreme Judicial Council | Lawyers hold strict protest against the interference of Intelligence agencies involvement in judiciary damaging justice and fairness in society

Findings

pakistan case laws referenace


Citation name: 2024 SCP 234– Bail After Arrest in 489-F

Two companies, M/s Tanveer Cotton Mills (Pvt.) Ltd. and M/s Tanveer Spinning & Weaving Mills (Pvt.) Ltd., filed petitions for leave to appeal against a Lahore High Court judgment ordering their winding up. The judgment, dated June 17, 2021, appointed official liquidators to manage the companies. The companies, represented by former chief executive Mian Azhar Saleem, challenged the judgment. However, the respondent banks argued that since the companies were under liquidation, they couldn’t file petitions through their former chief executive. The court appointed amici curiae for assistance and ultimately decided that the companies, through their board of directors, could appeal the winding-up order.


CRIMINALPETITIONNO .1233OF2023

INTHESUPREMECOURTOFPAKISTAN (AppellateJurisdiction)   Present: Mr. Justice Amin-ud-Din Khan Mr. Justice Athar Minallah   CRIMINALPETITIONNO.1233OF2023 (Against the judgment dated 03.10.2023 of the Lahore High Court, Lahore


Citation name: 2024 SCP 219 – Company Law/Winding up

Two companies, M/s Tanveer Cotton Mills (Pvt.) Ltd. and M/s Tanveer Spinning & Weaving Mills (Pvt.) Ltd., filed petitions for leave to appeal against a Lahore High Court judgment ordering their winding up. The judgment, dated June 17, 2021, appointed official liquidators to manage the companies. The companies, represented by former chief executive Mian Azhar Saleem, challenged the judgment. However, the respondent banks argued that since the companies were under liquidation, they couldn’t file petitions through their former chief executive. The court appointed amici curiae for assistance and ultimately decided that the companies, through their board of directors, could appeal the winding-up order.


Citation name: 2023 SCP 381 – Suit for Declaration/Possession

Masood Ahmad Bhatti and another v. Khan Badshah and another

The petitioners, through Article 185(3) of the Constitution of Pakistan, challenged the judgment of the Islamabad High Court dismissing their appeal regarding the sale of “Najeeb Plaza” in Islamabad to Khan Badshah. The petitioners, represented by Masood Ahmad Brighti, sold the plaza to Khan Badshah under an agreement for Rs. 80,000,000, with a partial payment of Rs. 10,000,000 made. Despite extensions and further payments, the petitioners refused to transfer the plaza. Consequently, Khan Badshah filed a suit for specific performance, leading to a decree in his favor by the trial court and subsequent dismissal of the appeal by the High Court. The petitioners contended various issues, including payment source and alleged fraud by Khan Badshah, but the courts found in favor of Khan Badshah, emphasizing his compliance with payment terms. The courts also noted the lack of evidence supporting the petitioners’ claims, leading to the dismissal of their petition and refusal of leave to appeal.


Citation name 2023 SCP 378 – Suit for specific

Masood Ahmad Bhatti and another v. Khan Badshah and another

The petitioners, through Article 185(3) of the Constitution of Pakistan, challenged the judgment of the Islamabad High Court dismissing their appeal regarding the sale of “Najeeb Plaza” in Islamabad to Khan Badshah. The petitioners, represented by Masood Ahmad Brighti, sold the plaza to Khan Badshah under an agreement for Rs. 80,000,000, with a partial payment of Rs. 10,000,000 made. Despite extensions and further payments, the petitioners refused to transfer the plaza. Consequently, Khan Badshah filed a suit for specific performance, leading to a decree in his favor by the trial court and subsequent dismissal of the appeal by the High Court. The petitioners contended various issues, including payment source and alleged fraud by Khan Badshah, but the courts found in favor of Khan Badshah, emphasizing his compliance with payment terms. The courts also noted the lack of evidence supporting the petitioners’ claims, leading to the dismissal of their petition and refusal of leave to appeal.


2024 SCP 54 – Election-National Assembly/Rejection of Nomination Papers

Justice Munib Akhtar has granted the appeal, converting a leave petition, and set aside the impugned judgment of the High Court, along with orders from lower forums. Consequently, the nomination papers of the petitioner (now appellant) for NA-144 (Khanewal) are considered accepted, and his name is included in the final list of candidates for the 2024 General Elections. The Election Commission is directed to promptly allocate an election symbol. The candidate’s name and symbol are mandated to be on the ballot papers for the constituency, with the election scheduled for 08.02.2024.


2024 SCP 55

The judgment delivered by Justice Syed Hasan Azhar Rizvi pertains to a petition filed under Article 185(3) of the Constitution of Pakistan, challenging the Lahore High Court’s order of 30.11.2022, which dismissed a writ petition filed by the petitioner, Qudrat Ullah. The case involves a dispute over the maintenance amount for Respondent No.4, the daughter born out of the marriage between the petitioner and Mst. Shama Naheed. The lower courts decreed an increase in the maintenance amount to Rs.25,000 per month, emphasizing the necessity for the educational expenses of Respondent No.4, who is pursuing engineering studies at COMSATS University. The judgment examines the legal framework of maintenance under Islamic law, Pakistani law, and international law, concluding that educational expenses can be included within the concept of maintenance. The court upholds the reasoned decision of the Appellate Court, deeming the awarded maintenance amount justified and plausible, and dismisses the petition.


Citation name: Maintenance Against Father cannot be Extended to Grandfather

SUMMARY: The case involved a decree for maintenance against a father, questioning whether it could be executed against the grandfather. The court emphasized that the right thing must be done in the right way, emphasizing the need for a fair trial and due process. It ruled that a decree against the father cannot be executed against the grandfather, and the child must initiate a separate maintenance suit if the father’s property is insufficient for execution.


Citation name: 2023 SCMR 1560 – Suit for recovery

SUMMARY: The petitions challenge a Sindh High Court judgment maintaining the order in a summary suit against respondents for loan default. The petitioner, a Microfinance Institution, filed the suit based on promissory notes, seeking repayment within 24 months. Trial and Appellate Courts deemed the suits non-maintainable under summary procedures, insisting on plenary jurisdiction. The Supreme Court, however, held that the promissory note, integral to the finance agreement, validates summary jurisdiction. The judgment sets aside previous orders, remanding the case for trial under Order XXXVII of the Civil Procedure Code, emphasizing the negotiability and clarity of the promissory notes.


Citation name: P L D 2013 Peshawar 88

Dissolutition of Marriage – Suit for dissolution of marriage by wife on ground of infertility of husband – Petitioner sought for dissolution of marriage on the basis of infertility and cruelty – the Court finds that It is a decree from Allah and it is, therefore, the legislature while drafting and promulgating the Dissolution of Muslim Marriages Act, 1939, very wisely not recognized the infertility as a valid ground for dissolution of marriage. Even the religion of “Islam” has never approved the dissolution of marriage on such a ground. The courts below arrived further at unanimous conclusion that the
plaintiff has failed to prove any cruelty on the part of the defendant-husband and despite the fact
the wife is not ready to live with the husband. In these circumstances there was no alternate with
the court but to dissolve the marriage on the basis of Khula’ notwithstanding the fact that she has
not claimed her dissolution on the ground of “Khula”. Petition stand dismissed