| Case ID |
10159eab-11cf-42ad-bda8-df2720e0e72b |
| Body |
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| Case Number |
I.C.A. No. 1056 and W.P. No. 17074 of 2016 |
| Decision Date |
Sep 25, 2018 |
| Hearing Date |
|
| Decision |
The intra-court appeal was dismissed on the grounds of maintainability. The court found that a remedy of appeal was available to the appellant under Section 124 of the Insurance Ordinance, 2000, as their constitutional petition was against an order from the Insurance Tribunal that had dismissed their claim. Given that an appeal was available, the intra-court appeal was deemed not maintainable, leading to its dismissal. |
| Summary |
This case revolves around the maintainability of an intra-court appeal filed by the State Life Insurance Corporation of Pakistan against an order from the Insurance Tribunal. The court analyzed the provisions of the Insurance Ordinance, 2000, specifically Sections 122 and 124, and the Law Reforms Ordinance, 1972, Section 3. The court concluded that since the appellant had a clear remedy of appeal available under the Insurance Ordinance, the intra-court appeal was not maintainable. This decision underlines the importance of available legal remedies and the specific procedures outlined in legislation. It highlights the necessity for parties to exhaust all available remedies before seeking further recourse in the court system. The ruling emphasizes the procedural integrity of the judicial process in matters of insurance claims, setting a precedent for future cases involving similar legal questions. Keywords: Insurance claims, intra-court appeal, maintainability, legal remedies, Lahore High Court, judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABID AZIZ SHEIKH,
FAISAL ZAMAN KHAN
|
| Lawyers |
Ibrar Ahmad,
Liaquat Ali Butt
|
| Petitioners |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN THROUGH ATTORNEY
|
| Respondents |
ADDITIONAL DISTRICT JUDGE AND OTHERS
|
| Citations |
2019 SLD 165 = 2019 CLD 144
|
| Other Citations |
Muhammad Aslam Sukhera and others v. Collector Land Acquisition, Lahore, Improvement Trust, Lahore and another PLD 2005 SC 45
|
| Laws Involved |
Insurance Ordinance, 2000,
Law Reforms Ordinance, 1972
|
| Sections |
122,
124,
3
|