| Case ID |
42cf91e5-48f2-41b4-821e-c0c90b0af648 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 541 of 2009 |
| Decision Date |
Dec 08, 2009 |
| Hearing Date |
Oct 07, 2009 |
| Decision |
The court ruled in favor of the plaintiff, MST. NUSRAT MUFTI, decreeing the suit for the recovery of Rs.34,50,000 against the defendant, MUHAMMAD HANIF. The decision was based on the dishonor of two cheques issued by the defendant, which were presumed to have been issued against lawful consideration. The defendant failed to obtain leave to defend the suit, leading to the admission of the plaint contents. The defendant was also ordered to pay markup/profit at a rate of 12.5% per annum from the date of the suit until realization of the decreed amount, along with the costs of the suit. |
| Summary |
In this case, the plaintiff, MST. NUSRAT MUFTI, filed a suit against the defendants, MUHAMMAD HANIF and another, for recovery of Rs.34,50,000 based on dishonored cheques issued by the defendants. The plaintiff had advanced this amount for the purchase of reconditioned generators, which were never supplied. The cheques were returned dishonored by the bank, leading the plaintiff to seek legal redress. The court ruled that the defendants failed to defend the suit appropriately, which resulted in the acceptance of the plaintiff's claims. The court emphasized the importance of the negotiable instruments and the responsibilities of the parties involved in such transactions. This case underscores issues related to the enforcement of financial agreements and the legal implications of dishonored instruments in business transactions. It serves as a precedent in similar legal disputes involving negotiable instruments, highlighting the necessity for parties to fulfill their obligations to avoid legal repercussions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
TUFAIL H. EBRAHIM
|
| Lawyers |
Adeel Abid
|
| Petitioners |
MST. NUSRAT MUFTI
|
| Respondents |
ANOTHER,
MUHAMMAD HANIF
|
| Citations |
2012 SLD 613 = 2012 CLD 2027
|
| Other Citations |
Not available
|
| Laws Involved |
Negotiable Instruments Act (XXVI of 1881),
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
118,
O.XXXVII, Rr. 2 & 3,
S.5
|