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Citation(s) Details Summary
2013 SLD 2131, 2013 CLD 1472 Writ Petition No.5864 of 2013 , decided on 29.04.2013 This case involves a writ petition filed by the Bank of Punjab against the unconditional leave granted to International Ceramics Ltd. by the Banking Court to defend a suit for recovery of a bank loan. The Lahore High Court, presided over by Justices Ayesha A. Malik and Abid Aziz Sheikh, ruled that the constitutional petition was not maintainable as there was no blatant illegality demonstrated in the Banking Court's order. The Court emphasized that the granting of leave does not prejudice the rights of the petitioner and simply provides the respondent an opportunity to present their defense. The decision is significant in understanding the scope of judicial review in financial recovery cases and the limitations imposed by the Financial Institutions (Recovery of Finances) Ordinance, 2001. The ruling highlights the necessity for banks to substantiate their claims with adequate evidence, reinforcing the principle that a mere allegation does not suffice for a decree. The case cites several ...
2006 SLD 3155, (2006) 286 ITR 77 ...
1989 SLD 1191, 1989 PLC 267 LHR-219 of 1987 , decided on 04.08.1987 This case, decided by the Labour Appellate Tribunal, Punjab, revolved around the issue of promotion and reversion under the Industrial Relations Ordinance (XXIII of 1969). The respondent, Muhammad Sham, was promoted to Ticket Examiner but was later reverted due to an alleged violation of a government-imposed ban on promotions. The court found that the ban was not uniformly enforced, thus undermining its legal validity. The decision underscores the importance of fair treatment of employees and the obligations of employers to adhere to their own policies. This case is significant for understanding employee rights and the legal implications of promotion and reversion in the context of labor law. Keywords include 'Industrial Relations Ordinance', 'employee rights', 'promotion and reversion', and 'Labour Appellate Tribunal'....
1959 SLD 400, 1959 PLD 347 Criminal Appeal No. 9-D of 1958 , decided on 05.05.1959 In the case of HARI BALLAV SHAHA ROY vs. GOPI BALLAV SHAHA AND GOVERNMENT OF EAST PAKISTAN, the Supreme Court of Pakistan dealt with the appeal regarding a commitment order made by a Magistrate under the Criminal Procedure Code. The case revolved around the critical evaluation of evidence in preliminary enquiries and the responsibilities of the Magistrate versus the Sessions Court. The court underscored that a Magistrate must determine only if there are sufficient grounds for trial without delving into the guilt of the accused. This ruling reinforces the principle that the preliminary enquiry serves as a gatekeeping function to filter out baseless charges, ensuring that only cases with credible evidence proceed to trial. The court's decision aligns with existing legal standards and is crucial for legal practitioners in understanding the limits of a Magistrate's authority, particularly in relation to evidence assessment. By maintaining a clear distinction between the roles of the Magist...