| Case ID |
1753d499-a85f-487e-9e6b-998017ef21c7 |
| Body |
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| Case Number |
Suit No. 218 of 1974 |
| Decision Date |
May 21, 1992 |
| Hearing Date |
Dec 19, 1990 |
| Decision |
The plaintiffs in this case sought a total of Rs.4,99,641.97 from the defendants, which included a refund of an advance payment of Rs.1,40,000 due to a breach of contract for the supply of wheat straw. The court determined that the plaintiffs had contributed to the non-delivery of goods by seeking postponements. The defendants were not found to have successfully established a counterclaim for damages. Ultimately, the court ruled in favor of the plaintiffs, allowing them to recover the advance amount minus the value of goods supplied. The case emphasized the need for parties to prove their claims and the implications of contractual obligations. |
| Summary |
In the landmark case of 'CHILYA CORRUGATED BOARD MILLS LIMITED vs M. ISMAIL', the Sindh High Court addressed significant issues regarding contract law, particularly concerning breach of contract and evidential requirements under the Qanun-e-Shahadat. The plaintiffs, engaged in the manufacturing of corrugated boards, sought damages from the defendants for failing to deliver wheat straw as per their contractual agreement. The court underscored the necessity for plaintiffs to independently establish their claims without solely relying on the weaknesses of the defense. It was concluded that the plaintiffs' actions contributed to the breach, leading to a ruling that partially favored them. The case serves as a critical reference for understanding contractual obligations, evidentiary standards, and the interplay between plaintiffs' claims and defendants' defenses in civil litigation. |
| Court |
Sindh High Court
|
| Entities Involved |
CHILYA CORRUGATED BOARD MILLS LIMITED,
M. ISMAIL
|
| Judges |
WAJIHUDDIN AHMED, J
|
| Lawyers |
Nizam Ahmed for Plaintiffs,
Iqbal Ahmad for Defendants
|
| Petitioners |
CHILYA CORRUGATED BOARD MILLS LIMITED
|
| Respondents |
anothers,
M. ISMAIL
|
| Citations |
1992 SLD 1131,
1992 CLC 2524
|
| Other Citations |
Agro Marketing Corporation Ltd. v. Pakistan PLD 1982 Lah. 20,
Gopal Das v. Shri Thakurji, AIR 1943 PC 83,
Shahzadi Begun v. Secretary of State 34 IA 194,
L. Suraj Bhan v. Hafiz Abdul Khaliq AIR 1944 Lah. 1,
Muhammad Yusaf v. Hafiz Abdul Khaliq AIR 1944 Lah. 9,
Abdullah v. Abdul Karim PLD 1968 SC 140,
Malik Din v. Muhammad Aslam PLD 1969 SC 136,
Muhammad Hussain v. Ghulam Ali PLD 1977 Kar. 285,
Karachi Municipal Corporation v. Ali Hussain 1982 CLC 93,
Abdul Razzaq v. Fatima Bai 1981 CLC 1083,
Madholal Sindhu v. Asian Assurance Co. Ltd. AIR 1954 Bom. 305,
Lionel Edwards Ltd. v. State AIR 1967 Cal. 191,
Judah v. Isolyne Shrojbashini Bose AIR 1945 PC 174,
Kishwardas v. Deputy Settlement Commissioner. Mirpur Khas 1985 CLC 1385,
Bengal Friends and Company v. Gour Benode Saha & Company PLD 1969 SC 477,
Muhammad Yusuf Khan Khattak v. S.M. Ayub PLD 1973 SC 160,
Deutsche Dampschiff Fahrats-Gessells Chaft v. Central Insurance Co. Limited PLD 1975 Kar. 819,
Mst. Mehari v. Noor Bhari PLD 1978 Lah. 771,
Ghulam Muhammad v. U.S. AID 1986 SCMR 907,
Muhammad Aslam v. Gulraj Begun 1989 SCMR 1
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Contract Act (IX of 1872)
|
| Sections |
117,
73
|