MST. SULTAN JEHAN versus ISLAMIC ESTATE AND BUILDERS LIMITED

Section 39 Contract Act (IX of 1872), Sections 2 (i), 37, 39 and 55 cancellation of device oid formal contract / definitional terms Specific Relief Act Section 39 Whether the timely question of relief to be met Was? The agreement was purely a factual question that could be determined not only by the parties' intention in writing, but also by the nature of the issue and the circumstances of the contract on the other side. , Which shows that although he obliged the appellant to pay the respondents the ground rent, development charges and other charges, taxes, rates, etc., 21 days from the demand of the appellant. In case of failure to pay any dues to the respondents within, the respondents also had alternatives to them. Receive a 7% interest on interest or fix lease and recapture the plot. Such supply indicates that time was not of the essence of the contract because if there was no agricultural performance, the contract could be terminated. As the Act, being a Leased Deed Registered Document, could be charged at interest, it could not be processed by the parties at the time the contract was negotiated if the written agreement between the appellant and the defendant was not considered in isolation. Used to go But with all the other surrounding circumstances and the circumstances, it cannot be said that the lease dead on the respondents' options was invalid or invalid. The circumstances clearly indicate that Section 39, under the Special Relief Act, provides for relief. Not all conditions were satisfied by the defendant filed, retaining the hold

1987 M L D 2253

[Karachi]

Before Mamoon Kazi, J

ABDUL ALEEM and another--Applicants

versus

THE STATE--Respondent

Criminal Bail Application No.878 of 1987, decided on 23rd July, 1987.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860) S.364--Bail before arrest--Court below not moved first by accused for fear of their arrest by police at the Court premises--Bail refused--Protective bail however granted to enable accused to approach Court below for bail.

Rashid A.Rizvi for Applicants.

ORDER

This is an application for pre-arrest bail filed on behalf of applicants Abdul Aleem and Mumtaz Bano who are apprehending their arrest in connection with a case registered at Police Station Sujawai, District Thatta under section 364 PPC. Although the learned Sessions Court, Thatta has not been moved first but the contention of Mr.Rashid A . Rizvi is that the applicants would be immediately arrested there and subjected to harasment by the police. According to the applicants they were married on 4th July, 1987 and a photocopy of Nikah Nama has' been filed with the bail application as annexure 'B'. Consequently, the contention is that they have been falsely implicated in the case by the complainant since the marriage of the applicants has taken place against the wishes of the complainant and the police is also conniving with the complainant. I would not like to entertain this application since the learned Sessions Court has not been moved first by the applicants for bail before arrest. However, protective bail is granted to the applicants to enable them to appear before the learned Court of Sessions and move their bail applications there. The bail may be furnished in the sum of Rs.25,000 each with one surety in the like amount to the satisfaction of the Nazir of this Court. The validity of this order shall automatically expire on 10th August, 1987 and the bail bonds if any furnished on behalf of the applicants shall be deemed to have been cancelled. The order shall also cease to be valid when an application is filed by the applicants before the Sessions Court.

M.Y.H./A-141/K Bail refused.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.

🔍 Find a Lawyer

Popular cities: Lahore· Karachi· Islamabad· Rawalpindi· Multan· Faisalabad

jobs for fresh advocates from Warah lawyer

Lawyers Directory Listing

Find a Lawyer

Every Lawyer listed in this directory is verified by SJP verification Team

MST. SULTAN JEHAN versus ISLAMIC ESTATE AND BUILDERS LIMITED

Find a Lawyer Near You