On 27-05-2024, Ch. Imran Hassan Ali, ASC, delivered a lecture on the High Court Rules and Orders to members of the Rawalpindi High Court Bar Association in the main auditorium of the bar building. The lecture can be watched online by clicking here.
The Lahore High Court appointed Ch. Imran Hassan Ali, ASC, and Agha Muhammad Ali, ASC and former judge Lahore High Court, as amici curiae to assist the court regarding the liability of an uncle to pay maintenance to his niece. The case involved interpretation and application of various principles of Islamic jurisprudence as well as the family law in Pakistan.
Final hearing of the case took place on 22-04-2024. In its judgment, the Court appreciated the amici curiae in the following words: “Before parting, I deem it apt to appreciate the assistance rendered by the amici curiae, which enabled this Court to reach this conclusion.”
It is a tremendous honour for Imran. All praise is for Allah alone!
The judgment has been reported at 2024 LHC 2111. It can be downloaded from the Lahore High Court website by clicking here.
On 13-05-2024, Ch. Imran Hassan Ali, ASC, delivered a lecture on Court Terminology and Common Errors to members of the Rawalpindi High Court Bar Association in the main auditorium of the bar building. The lecture can be watched online on the Facebook page of Wooqlaw by clicking here.
On 09-05-2024, Ch. Imran Hassan Ali, ASC, delivered a lecture on Judicial Review to members of the Rawalpindi High Court Bar Association in the main auditorium of the bar building. The lecture can be watched online on the Facebook page of the Rawalpindi High Court Bar Association by clicking here.
On 09-05-2024, the Lahore High Court appointed Ch. Imran Hassan Ali, ASC, amicus curiae in a case involving application of principle of Islamic Jurisprudence regarding entitlement of a divorced adult woman to claim maintenance from her father. The case will also involve discussion of the liablity of the state in such cases.
It is a great honour for Imran. All praise is for Allah alone!
Ch. Imran Hassan Ali, ASC, has successfully represented a National Bank employee before the Lahore High Court, Rawalpindi Bench, in the matter of his wrongful dismissal from employment. The petitioner was serving as an Officer Grade-II of the National Bank of Pakistan when he was dismissed from service on the basis of false allegations of abetment and facilitation of an armed robbery at Rawat branch of the bank. His appeal was dismissed by the appellate authority of the bank.
The petitioner then challenged his dismissal before the Lahore High Court through a writ petition in which he was represented by Ch. Imran Hassan Ali. The case involved intricate questions of territorial jurisdiction, labour law, employment law, and statutory or non-statutory nature of service rules. Detailed arguments were heard by the Honourable Mr. Justice Mirza Viqas Rauf on 14-12-2023, 25-01-2024, 07-02-2024 and 16-02-2024 after which judgment was reserved.
The Honourable Mr. Justice Mirza Viqas Rauf announced the judgment on 27-03-2024, allowing the writ petition and ordering reinstatement of the petitioner in bank employment. The court also ordered the bank to pay the arrears of pay and other emoluments to the petitioner since his wrongful dismissal from service.
The judgment has been reported at 2024 LHC 1165 (Muhammad Tariq Khan vs. The National Bank of Pakistan). It can be downloaded from the Lahore High Court website by clicking here.
Ch. Afrasiab Khan, ASC, has successfully represented a civil servant (Deputy District Education Officer) before the Supreme Court of Pakistan. He had appealed from a decision of the Punjab Service Tribunal upholding the penalty imposed on him by the competent authority. On, 17-08-2023, the Supreme Court allowed the appeal and quashed the penalty. In its detailed judgment, the Court has laid down some important and far-reaching legal principles.
The Court has held that the Law intends that a show cause notice must conform to at least seven essential elements:
Secondly, the Court has held that a judicial order must be a speaking order manifesting by itself hat the court or tribunal has made an effort to resolve the questions involved for their proper adjudication. If the final order does not bear an imprint of such effort and, on the contrary, discloses arbitrariness of thought and action, the inescapable result would be that justice had neither been done nor seemed to have been done.
The title of the case is Sanaullah Sani vs. Secretary Education Schools etc. The Judgment has been reported at 2024 SCMR 80 and 2024 PLC (C.S.) 161 SC. It can also be downloaded from the Supreme Court website by clicking here.
Recently, Ch. Imran Hassan Ali, ASC, was appointed by the Lahore High Court, Rawalpindi Bench, as a mediator in a commercial dispute pertaining to a commercial and residential plaza in Bahria Town, Rawalpindi, which is worth Rs. 490 million at the base price. The current market value of the building is much higher. The dispute is between the builder/owner and the marketing agency/buyer. Each side is alleging breach of contract by the other.
It is the second court-annexed mediation in Rawalpindi but the first ever involving a commercial dispute. It represents a new trend of alternative dispute resolution which is being spearheaded by the famous commercial judge of the Lahore High Court, the Honourable Mr. Justice Jawad Hassan.
On 15-02-2024, Ch. Imran Hassan Ali, ASC, successfully represented an appellant before the Supreme Court of Pakistan. He had appealed from a judgment of a division bench of the Lahore High Court whereby the appellant’s intra-court appeal had been dismissed as not being maintainable. Originally, the appellant had challenged an order of the Punjab Board of Revenue refusing to return his land situated on main G.T. Road in Jhelum City that had been acquired by the Post War Reconstruction Fund (predecessor of the Fauji Foundation) to establish textile mills but which was no longer needed for the said purpose and was being auctioned by the government.
The Division Bench of the High Court was of the opinion that the appellant had a right of appeal under the Land Acquisition Act, 1984, as well as the remedy of review under S. 8 of the Board of Revenue Act, 1958, therefore, the intra-court appeal was not maintainable in view of S. 3 of the Law Reforms Ordinance, 1972. That judgment is reported at 2024 CLC 114 Lahore and can also be downloaded from the Lahore High Court website by clicking here.
Agreeing with Imran’s submissions, the Supreme Court took the opposite view and held that the said remedies of appeal and review were not applicable to the appellant’s case. Therefore, his intra-court appeal was maintainable before a Division Bench of the High Court. The Supreme Court remitted the case to the Division Bench for decision on merits. The title of the case is Rehm Dad v. Province of Punjab through its Chief Secretary, Lahore and others. The Judgment is reported at PLD 2024 SC 499 and 2024 SCP 93. It can also be downloaded from the Supreme Court website by clicking here.
On 06-10-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali as amicus curiae in a case pertaining to the forest laws. The question before the High Court is whether the law empowers the Government to impose any type of restrictions on citizens to cut down or remove trees from their private land.
The case was heard and decided on 26-02-2024. Imran’s assistance was generously appreciated by the Court in its judgment, which is reported at 2024 LHC 839 and can be downloaded from the Lahore High Court website by clicking here.
It is an honour for Imran. All praise is for Allah alone!