| Case ID |
eb86ec77-170c-4a53-840d-c39f1fcd5ca1 |
| Body |
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| Case Number |
Civil Petition No.299-K of 2007 |
| Decision Date |
Oct 22, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' appeal against the judgment of the High Court of Sindh, which had previously ruled in favor of the respondent, Standard Chartered Bank. The court found that the petitioners failed to provide sufficient evidence to prove that they suffered any loss due to the respondent's alleged breach of contract. The court emphasized the necessity of establishing the existence of an agreement, the breach thereof, and the extent of damages as per Section 73 of the Contract Act, 1872. The petitioners were awarded a nominal amount of US $175, which the court deemed sufficient compensation given the circumstances. |
| Summary |
This case revolves around a civil petition for damages due to breach of contract pursuant to the Financial Institutions (Recovery of Finances) Ordinance and the Contract Act. The petitioners alleged that they suffered humiliation and financial loss after their American Express Gold Cards, issued by the respondent bank, were not accepted during their travels abroad. The Supreme Court upheld the lower court's decision, ruling that the petitioners did not sufficiently demonstrate their claims of damages. The case highlights the importance of concrete evidence in proving financial loss and the principles governing the awarding of damages in breach of contract cases. The court's ruling reinforces the standard of proof required under Section 73 of the Contract Act, emphasizing that mere assertions without corroborating evidence are insufficient for recovery. This decision is significant for understanding the burden of proof in contractual disputes and the legal standards applied in financial recovery cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
American Express Bank,
Standard Chartered Bank
|
| Judges |
MIAN HAMID FAROOQ,
SYED ZAWWAR HUSSAIN, JAFFERY
|
| Lawyers |
Suleman Habibullah
|
| Petitioners |
another,
AZIZULLAH SHEIKH
|
| Respondents |
STANDARD CHARTERED BANK LTD.
|
| Citations |
2009 SLD 1837,
2009 CLD 173
|
| Other Citations |
Gohar Ali v. Sher Zaman Khattak Civil Appeal Nos. 2763 and 2764 of 2001,
Ahmed Saeed Kirmani v. Muslim Commercial Bank Ltd. 1993 SCMR 441,
Islamic Republic of Pakistan v. Sh. Nawab Din PLJ 2002 Lah. 1998
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Contract Act, 1872
|
| Sections |
9(1),
73
|