Ch. Imran Hassan Ali represented the successful petitioner before the Supreme Court of Pakistan in a Civil Petition for Leave to Appeal against a judgment of the Lahore High Court. The High Court had dismissed the petitioner’s Writ Petition by relying upon two judgments of the Supreme Court in which the Civil Aviation Authority Regulations, 2000, had been declared to be non-statutory. Finding prima facie merit in Imran’s submissions, the Court decided to grant leave in order to revisit its own earlier judgments.
Ch. Imran Hassan Ali, ASC, has been engaged as counsel for Nawabzada Abdul Qadir Khan Hoti in a Revision Petition before the Honourable Lahore High Court, Rawalpindi Bench. The case pertains to a dispute among family members over partition of the famous Hoti House situated just off the Mall in the mountain resort town of Murree. It is a prime property worth tens of millions. It was used as a holiday home by the Hoti family of Mardan for decades. It was briefly requisitioned by the Government during General Ayub Khan’s regime and housed the Indian High Commission at one point prior to 1965 war. It was returned to the Hotis later on.
The Government of the Punjab initiated compulsory land acquisition proceedings on behalf of Lucky Cement (Pvt.) Ltd. for setting up of a cement plant and limestone quarry in village Buchal Kalan, Tehsil and District Chakwal. The project would have dispossessed a large number of villagers of their ancestral agricultural land. It would have stripped them of their identity, which is inextricable linked with their land. It would also have created unbearable environmental hazards for the population of surrounding villages. They would have been deprived of their right to life guaranteed by Article 9 of the Constitution of Pakistan, 1973. The villagers instructed Ch. Imran Hassan Ali, Advocate Supreme Court, to challenge the compulsoy acquisition of their land through a Constitution Petition before the Honourable Lahore High Court, Rawalpindi Bench. The Court accepted Ch. Imran Hassan Ali’s arguments at preliminary hearing of the case and issued an injunction restraining the Respondents from dispossessing the villagers. The Respondents instructed Barrister Syed Ali Zafar, the President Supreme Court Bar Association, to seek vacation of the injunction. However, the Court refused to vacate the injunction. Litigation continues. However, the villagers are safe for now.
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Ch. Imran Hassan Ali, ASC, has been engaged as counsel for Raja Shaukat Aziz Bhatti – a member of the Provincial Assembly of the Punjab – in W.P. No. 2604/2017 before the Honourable Islamabad High Court. It is a petition seeking judicial review of an order of disqualification passed by the Election Commission of Pakistan. Mr. Bhatti belongs to the ruling Pakistan Muslim Leage (N). He served as MPA for PP-4 (Rawalpindi-IV).
More information regarding Raja Shaukat Aziz Bhatti can be found on the Punjab Assembly website by clicking here.
On 05-07-2017, Ch. Imran Hassan Ali represented the successful Appellant before the Supreme Court in an appeal against a judgment of the Lahore High Court.
The Respondent, M/s Lahore Poultry Services, had filed a suit against the Appellant, Dr. Mazhar Hussain Cheema, for recovery of money on the basis of a cheque issued in the course of business. The suit was filed under the special procedure provided in Order XXXVII of the Code of Civil Procedure. The suit was decreed ex parte in favour of the Respondent by the District Judge. The Appellant filed an application to set aside the ex parte judgment and decree. The District Judge allowed this application and granted the Appellant ten days to file an application for leave to defend the suit. The Appellant filed an application within this period. However, at this stage the Respondent raised an objection that the application for leave to defend had become time-barred as it had not been filed along with the application to set aside ex parte decree and within ten days of getting knowledge of the ex parte decree. The District Judge agreed and dismissed the application for leave to defend. Consequently, the suit was once again decreed in favour of the Respondent. The Appellant’s appeal to the Lahore High Court also failed.
Ch. Imran Hassan Ali represented the Appellant before the Supreme Court. The Respondent was represented by Senior Advocate and former High Court Judge, Syed Qalb-e-Hassan Shah.
After a very lengthy hearing, the Supreme Court granted leave to appeal. Eventually, on 05-07-2017, the appeal was also allowed and judgments of the High Court as well as the District Judge were set aside. The Supreme Court declared that the Appellant’s application for leave to appear and defend the suit had been validly filed and it was not time-barred. The case was then remanded to the District Judge for trial.
Ch. Imran Hassan Ali is representing the University of Chakwal (“UoC”) in a Writ Petition before the Honourable Lahore High Court, Rawalpindi Bench. The petition was filed to challenge a decision of the Higher Education Commission of Pakistan (“HEC”) withdrawing the No Objection Certificate earlier issued by it in favour of UoC. After hearing preliminary arguments, the Court suspended the impugned order and restrained HEC from proceeding against UoC till final decision of the main petition.
Note: This case pertained to the private sector university that was being established by the Horizon Welfare Society. After promulgation of the University of Chakwal Act, 2019, the name “University of Chakwal” has been allocated to a public sector university.
The Honourable Lahore High Court recently appointed Ch. Imran Hassan Ali, ASC, as an Amicus Curiae to assist the Court regarding Islamic Jurisprudence in respect of Talaq-i-Mubarat i.e. divorce between husband and wife with mutual consent, and whether such a divorce is unilaterally revocable by the husband.
On 19-04-2016, through a judgment that has since been reported at 2016 SCMR 1225, the Supreme Court of Pakistan dismissed a Civil Appeal against a judgment of the Lahore High Court. The Appellant was represented by Senior Advocate and former High Court Judge, Syed Qalb-e-Hassan Shah. The Respondent was successfully represented by Ch. Imran Hassan Ali.
The dispute concerned about 57 kanals (approx. 7 acres) of valuable land, which the Appellant before the Supreme Court claimed to have purchased from the Respondent. However, the Respondent’s case was that it was a bogus and fraudulent transaction. She had challenged the alleged sale through a civil suit, which was dismissed by the Civil Judge. Her appeal to the District Judge was also dismissed.
Ch. Imran Hassan Ali successfully represented the lady before the Lahore High Court, which allowed her Revision Petition. The High Court set aside the judgments of the Civil Judge and the District Judge, and declared that the alleged sale transaction was the result of fraud and deception.
On 19-04-2016, the Supreme Court upheld this judgment of the High Court and dismissed the appeal.
Ch. Imran Hassan Ali, ASC, successfully represented the convict/appellant, Shabbir Hussain, before the Honourable Lahore High Court, Rawalpindi Bench, in Murder Reference No. 24/2012, Crl. J. Appeal No. 30-J/2012 and Crl. Revision No. 206/2012. The Court answered the reference in the negative and also dismissed the complainant’s revision petition for enhancement of compensation. Consequently, death sentence was converted into life sentence.
On 03-03-2016, Ch. Imran Hassan Ali represented the convict/Appellant, Muhammad Ramzan, in Murder Reference No. 98/2011 and Crl. Appeal No. 538/2011 before the Honourable Lahore High Court, Rawalpindi Bench. The Court answered the reference in the negative, partly allowed the appeal and, while upholding conviction, converted death sentence into imprisonment for life.