The Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a case pertaining to the Punjab Technical Education and Vocational Training Authority. The precise question before the Court is whether the Punjab TEVTA Employees Service Regulations, 2011, are statutory or non-statutory. The Court’s answer to this question will determine the maintainability of a writ petition before the High Court by TEVTA employees in respect of their employement related grievances. It will also determine the status of TEVTA employees and whether they are governed by the Master and Servant principle or not.
It is an honour form Imran. All praise is for Allah alone!
Ch. Imran Hassan Ali had the honour of representing the widow of an Honourable Judge, Lahore High Court, who died while still in service. Under the Constitution and the Law, the widow is entitled to certain financial assistance from the state after her husband’s death. However, the Government failed to pay a major portion of the grant to her, citing an opinion of the Ministry of Law and Justice that the widow is not entitled to receive the grant. This opinion contradicts an earlier opinion of the same ministry on the subject.
On 24-05-2021, the High Court heard preliminary arguments on a petition for writs of certiorari and mandamus filed by the widow. After noting that the petition raises important questions involving interpretation of some provisions of the Constitution of Pakistan, the Court issued notice to the Attorney General for Pakistan as well as the Advocate General, Punjab.
On 27-04-2022, the Court gave its final judgment in favour of the Petitioner and declared that she is entitled to the claimed benefits.
The judgment has been reported at PLD 2023 Lahore 324 and 2022 LHC 4171. It can also be dowloaded from the Lahore High Court website by clicking here.
Both the Federal Government and the Punjab Government sought leave to appeal to the Supreme Court. However, on 13-10-2023, the Supreme Court dismissed both petitions and upheld the judgment of the High Court.
On 21-09-2023, the Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a winding up petition filed by the Additional Registrar of Companies against a company accused of engaging in multi-level marketing (“MLM”). The questions before the Court are: What is meant by MLM, which is not defined in the Companies Act, 2017, and whether the Securities and Exchange Commission of Pakistan (“SECP”) has gathered and presented enough evidence to substantiate the allegation of MLM and, therefore, a winding up order against the respondent company?
It is an honour for Imran. All praise is for Allah alone!
The building of a famous hotel chain in Murree is the subject of a contractual dispute between partners in a joint venture business agreement (“JV”). One party (“the claimant”), who is the sleeping partner, sought damages as well as cancellation and rescission of the JV alleging certain breaches of the agreement. The second party, who is actively managing the property/business, denied the claim. The matter went to arbitration. The arbitrator, a former High Court judge, gave an award in favour of the claimant, declaring the agreement null and void, and directing the second party to give up possession of the building. The award was made rule of the court by the Civil Judge who dismissed the second party’s objections. The second party’s appeal to the High Court was also unsuccessful.
Ch. Imran Hassan Ali was instructed by the second party for a petition seeking leave to appeal to the Supreme Court of Pakistan. On 06-07-2023, after hearing Imran in support of the petition, the Supreme Court granted ex parte ad interim injunction protecting possession of the second party. The case was heard again on 10-08-2023 in the presence of counsel for the other side by a bench headed by the Honourable Chief Justice Umer Ata Bandial, and the interim injunction in respect of possession was extended till further orders.
The case raises some interesting questions of contract law.
Ch. Imran Hassan Ali is advising the committee representing the traders and businessmen of Rawalpindi Cantonment seeking revision of policy for conversion of Old Grants and Cantonment Code Leases into regular leases. The proposals drafted by Imran are being used by the committee in its negotiations with the Cantonment Chief Executive, the Director General, Military Land and Cantonments, and the Secretary, Ministry of Defence.
For media coverage of this matter, click on the following links:
Imran successfully represented some landowners in the High Court whose land had been illegally expropriated by the Punjab Government for construction of a so-called sports stadium in Chakwal. Instead of following the due process for acquisition of land, the government officials simply made certain mutation entries in land record without consent of the landowners. The landowners successfully challenged this illegal expropriation of their land before the Civil Court. Government’s appeal to the District Judge failed. The government challenged decisions of the lower courts in the Lahore High Court, Rawalpindi Bench, and then delayed the matter on various flimsy excuses for almost ten years. However, eventually, on 09-01-2023, the High Court dismissed the governent’s petition despite government’s plea to further adjourn the matter.
It is of great concern, however, that almost all of the original landowners died during this long drawn out legal battle. The case was being pursued by the second generation. If the government appeals to the Supreme Court, the matter might drag on for years still.
On 28-09-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Imran Hassan Ali as amicus curiae in a case under labour laws. The question before the High Court pertains to the proper definition and scope of the term “workman” in the context of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.
It is a great honour for Imran. All praise is for Allah alone!
On 21-09-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Imran Hassan Ali as amicus curiae in a case involving a dispute about the proper procedure for khula under Shia Jurisprudence (Fiqh-e-Jafria). More specifically, the extent of jurisdiction of the Family Court in such matters will be determined by the High Court.
It is a great honour for Imran. All praise is for Allah alone!
On 25-05-2022, on the invitation of the Honourable President of the High Court Bar Association Rawalpindi, Imran had the singular honour of delivering a lecture on the High Court Rules and Orders to learned members of the bar in the main Auditorium. The Honourable President of the High Court Bar, Mr. Talat Mehmood Zaidi, former president, Sardar Abdur Raziq, and senior advocate and candidate for president in the upcoming elections, Mr. Tanvir Iqbal Khan, also graced the occasion with their presence.
The lecture can be viewed on the official Youtube channel of the High Court Bar Association Rawalpindi at the following link:
On 05-10-2021, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to bestow a great honour upon Ch. Imran Hassan Ali by appointing him amicus curiae to assist the Court in a case involving questions of first impression regarding Christian personal law in Pakistan.
On 29-04-2022, agreeing with submissions made by Imran, the Court remanded the matter to the Family Court.
The judgment is reported at 2024 CLC 863 Lahore and 2022 LHC 3442. It can be downloaded from the Lahore High Court website by clicking here.