| Case ID |
20736407-b212-4029-9d7b-a56840ae3c2b |
| Body |
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| Case Number |
1st Civil Appeal No. S-01 of 2010 |
| Decision Date |
Mar 31, 2017 |
| Hearing Date |
Feb 20, 2017 |
| Decision |
The appeal was dismissed as the appellant failed to produce any evidence supporting his claim that the cheque was stolen or that he did not issue it. The court upheld the trial court's decision, affirming that the cheque in question was issued by the appellant and was dishonored by the bank. The decision highlighted that the appellant could not escape the consequences of the cheque's issuance unless he provided substantial evidence to the contrary, which he failed to do. The court also emphasized the importance of the cheque as a negotiable instrument, which carries certain legal implications that cannot be disregarded. |
| Summary |
In the case of WASH DEV vs. GANESO MAL, the Sindh High Court dealt with an appeal concerning a summary suit based on a dishonored cheque. The appellant, WASH DEV, challenged the trial court's decree, which directed him to pay the respondent, GANESO MAL, an amount of Rs. 500,000 due to the dishonor of a cheque issued in favor of the respondent. The court examined the circumstances surrounding the issuance of the cheque and the subsequent dishonor by the bank. It was determined that the appellant had failed to substantiate claims that the cheque was stolen or that he had not issued it, leading to the dismissal of the appeal. This case underscores the legal principles surrounding negotiable instruments and the obligations of parties involved in such transactions, making it significant for legal practitioners and entities dealing with financial instruments. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SALEEM JESSAR
|
| Lawyers |
Bashir Ahmed Dargahi,
Gulab Rai 'C' Jesrani
|
| Petitioners |
WASH DEV
|
| Respondents |
GANESO MAL
|
| Citations |
2018 SLD 182,
2018 MLD 109
|
| Other Citations |
Mohammad Abdullah v. Mohammad Aslam 2014 CLC 1205,
Abdul Rasheed v. Syed Fazal Ali Shah 2016 SCMR 2163,
Taj Muhammad Khan v. Munawar Jan 2009 SCMR 598,
Saadat Sultan v. Muhammad Zahur Khan 2006 SCMR 193
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Negotiable Instruments Act, 1881
|
| Sections |
2,
3,
118
|