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.
On 19-02-2016, Ch. Imran Hassan Ali was interviewed and recommended for enrolment as Advocate Supreme Court of Pakistan by the Enrolment Committee of the Honourable Supreme Court of Pakistan. The committee was headed by the Senior Puisne Judge, Mr. Justice Mian Saqib Nisar, and included two members of Pakistan Bar Council, namely Mr. Shoaib Shaheen, ASC, and Mr. Ghulam Mustafa Kandwal, ASC. Aged 35, Imran has become one of the youngest advocates ever to be admitted as an Advocate Supreme Court. All praise is for Allah Almighty alone.
Ch. Imran Hassan Ali was appointed amicus curiae by the Honourable Lahore High Court to assist the Court as to what would be the appropriate remedy against an order of rejection of plaint passed in exercise of revisional jurisdiction. The said case was fixed before Honourable Mr. Justice Arshad Mahmood Tabassum – may his soul rest in peace – on 02-12-2015 when Ch. Imran Hassan Ali appeared as amicus curiae and addressed the Court on the question of maintainability. Accepting his submissions, the Court held that the only remedy available against such an order would be a constitution petition (writ of certiorari) and that an appeal would not be maintainable. The judgment is reported as “Ghulam Akhtar vs. Naseer Ahmed” (2017 CLC Note 29 Lahore).
On 12-10-2015, Ch. Imran Hassan Ali, successfully defended the nomination papers of Akhtar Hussain Shahbaz. The case was heard by Mr. Justice Mamoon Rashid Sheikh – a judge of the Honourable Lahore High Court – who sits as the Election Appellate Authority. Mr. Shahbaz is a candidate for election in the Local Government Elections. His candidature was challenged by Saeed Akhtar.
Ch. Imran Hassan Ali, Advocate, represented the successful Petitioner in a Petition for Writ of Habeas Corpus before the Honourable Lahore High Court, Rawalpindi Bench. The Petitioner was the hapless mother of a 4-year-old boy. She had been deserted by her husband, the child’s father, who wanted to marry another woman. The child was living with the mother when one day he was forcibly taken away by the father, a serving army commando. The mother had no option but to take recourse to legal proceedings. She filed a Writ Petition in the High Court.
The Court ordered the bailiff to produce the child in Court. The bailiff, along with police, raided the father’s family house. Despite some resistance by the father’s influential family, the child was recovered and brought before Court. Both sides were heard at length. Eventually, the Court found in favour of the mother. It was guided by principles of Shariah/Islamic Jurisprudence, which give a mother priority in matters of custody/guardianship of minor children.