Case ID |
ecc28a95-4142-4cb6-8e28-7369717e206b |
Body |
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Case Number |
Civil Appeal No. 9 of 1988 |
Decision Date |
Oct 12, 1993 |
Hearing Date |
|
Decision |
The Sindh High Court dismissed the appeal of Habib Bank Limited against the decision of the Special Court (Banking) which had rejected the bank's claim based on a purported promise made by the respondent, Abdul Wahid Khan, to adjust a loan amount. The court upheld the finding that the promise was conditional and thus did not fulfill the requirements of a binding agreement under section 25(3) of the Contract Act. The court emphasized the need for clear acceptance in order for a promise to be enforceable, especially concerning time-barred debts. |
Summary |
This case centers on the legal principles surrounding promises and agreements under the Contract Act, specifically regarding time-barred debts. The Sindh High Court addressed the issue of whether a conditional promise made by the respondent could revive a time-barred debt. The court ruled that without clear acceptance from the creditor, no enforceable promise existed. The case references notable precedents that clarify the definitions of promise, agreement, and contract, reinforcing the necessity for written and signed agreements to be recognized legally. The decision highlights the importance of understanding the distinctions between acknowledgment and promise in the context of debt recovery, particularly in banking law. Relevant keywords include 'Contract Act', 'promise', 'time-barred debt', 'debt recovery', 'banking law', and 'legal agreements'. |
Court |
Sindh High Court
|
Entities Involved |
Not available
|
Judges |
MAMOON KAZI,
WAJIHUDDIN AHMED
|
Lawyers |
S. Hamid Hussain
|
Petitioners |
Messrs HABIB BANK LIMITED
|
Respondents |
ABDUL WAHID KHAN
|
Citations |
1996 SLD 1290,
1996 CLC 698
|
Other Citations |
David Sutherland Clark v. Rose Grimshaw AIR 1923 Lah. 481,
S. Venkatappayya v. Y. Venkatappaya AIR 1946 Mad. 72,
Reasatullah v. Tripura Modern Bank Limited PLD 1968 Dacca 260,
Hussain Corporation Limited v. Habib Bank Limited 1986 MLD 344,
Habib Bank Limited v. Shamim Qureshi PLD 1988 Kar. 481
|
Laws Involved |
Contract Act (IX of 1872),
Limitation Act (IX of 1908)
|
Sections |
2(b),
2(c),
2(h),
9,
25(3),
19
|