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!
Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition challenging the Khyber Pakhtunkhwa Power Crusher Rules, 2020. Through these rules, the Government of KPK has reduced the safe distance for power crushers from places of human habitation from 1000 metres to 500 metres in urban areas and 300 metres in rural areas, which has created an environmentally disastrous situation for hundreds of thousands of people in the province of KPK.
On 15-06-2021, the Supreme Court accepted preliminary arguments of the Petitioners and issued notice to the Government of KPK. The Court also directed the relevant authorities to inspect the power crushers near Petitioners’ homes to make sure that they are complying with the current national environmental quality standards. The Court also added the power crusher owners as respondents in the Constitution Petition.
On 06-04-2022, Imran submitted on behalf of the petitioners that the power crusher owners are harassing and intimidating the locals to make them sell their lands to them. He requested the Court to make an interim order to curb such coerced sales of land. The Court allowed the Petitioners’ request to place a moratorium on transfer of land around stone crushers in the area until further orders. This order will save the locals from undue harassment and pressure at the hands of unscrupulous power crusher owners.
On 25-04-2022, the Court ordered formation of a special commission headed by the renowned environmental lawyer, Dr. Parvez Hassan, to monitor the operation of power crushers in KPK and to ensure compliance of environmental standards. The order can be downloaded by clicking here.
The power crusher owners are being represented by senior advocates, Ch. Aitzaz Ahsan and Khawaja Haris Ahmad.
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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 once again 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 2022 LHC 3442. It can be downloaded from the Lahore High Court website by clicking here.
The Lahore High Court, Rawalpindi Bench, was once again pleased to bestow a great honour on Imran by inviting him to address the court as amicus curiae. He was called upon to assist the court in proper interpretation of Article 199 of the Constitution of Pakistan governing powers of the court to issue writs of quo warranto to holders of public office. In compliance, Imran appeared and made his submissions on 01-03-2022. The Honourable Court was very generous in its appreciation for the amicus curiae. All praise is for God alone.
On 13-06-2019, the Lahore High Court, Rawalpindi Bench, dismissed an appeal in default. The appellants’ counsel failed to inform the appellant of this development. In February, 2021, Imran was engaged as counsel by the appellant. Imran filed an application for re-admission of the appeal arguing that the dismissal was illegal as it had been done in disregard of the High Court Rules and Orders.
On 07-02-2022, a Division Bench allowed the application. The judgment has been reported at PLD 2023 Lahore 216 and 2022 LHC 1536. It can also be downloaded from the Lahore High Court website by clicking here.