Hassan Law Chambers

Reported Judgments

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Cases by Barrister Hassan Nawaz

Here are the case judgments in a PDF format. By clicking on the below cases you can easily view or download them.

1. Gulistan Textile Mills v/s Askari Bank Limited etc. (2013 CLD 2005)

Tag Line:       The Court enjoys an independent, suo moto and sua sponte power to examine the plaint at any stage of the suit under Order 7 Rule 11, CPC. The Court can proceed unilaterally against the plaintiff alone without engaging the other party (defendants) if the Court is of the view that the plaint is liable to be rejected.

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2. Ch Saeed Ullah v/s Faisal Bank (2016 CLD 224)

Tag Line:         High Court is slow in encouraging parties to circumvent provision of special statute in respect of orders which they seek to challenge by petition under Article 199 of the Constitution. Mere erroneous exercise of jurisdiction by special court does not render its decision to be illegal and without lawful authority so as to be amenable to extraordinary Constitutional jurisdiction of High Court.

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3. Bhangoo Farming Services v/s Bank of Punjab (2016 CLD 766)

Tag Line:         Requirement of exact adherence to legal demands was more stringent for plaintiff while invoking jurisdiction of a special court created under a special law when the conditions and prerequisites to resort to such jurisdiction had been specifically and expressly described in the special law.

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4. Nazir Rice Mills (Pvt) Limited v/s Habib Metropolitan Bank Limited (2017 CLD 186)

Tag Line:        Perusal of record revealed that the defendant on the one hand negated the authenticity of the Statement of Accounts, on the other hand relied on the same to prove its case, and thus lacked consistency in its stance—No defect in the plaint filed by the plaintiff Bank was pointed out by the defendant and simple denial of execution of documents could not be termed as a plausible defence or an issue which could only be resolved after recording of evidence.

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5. Habib Metropolitan Bank Limited v/s Subhan Knitwear and another (2017 CLD 298)

Tag Line:      In terms of the aforementioned instructions by the State Bank of Pakistan, the plaintiff bank was duty bound to pay the amounts of the ERF-I and ERF-II facilities to the State Bank of Pakistan on the maturity of the bills. The payments of the aforementioned finance facilities through the RF account was not illegal although no mark up could be charged on the said amounts as was readily conceded by the learned counsel for the plaintiff bank.

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6. Habib Metropolitan Bank Limited v/s Faizan Ali & Company (Pvt) Limited (2017 CLD 1583)

Tag Line:         Computer generated statements of accounts / ledgers of Bank do not need certification under S.2(8) of Bankers’ Books Evidence Act, 1891, or under S.12 of Electronic Transactions Ordinance, 2002.

Tag Line:         Availability or otherwise of pledged stock was a question that could be determined in execution proceedings at the time when collateral security was required to be accounted for and brought to sale; as such the same alone did not furnish a ground of defence to defendants for grant of leave.

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