1994 PLP 2287 (SCMR)
MUHAMMAD MUMTAZ MASUD and 2 others‑‑‑Petitioners Versus HOUSE BUILDING FINANCE CORPORATION
| Citation | 1994 PLP 2287 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Qadeer Chaudhry |
| Parties | MUHAMMAD MUMTAZ MASUD and 2 others‑‑‑Petitioners Versus HOUSE BUILDING FINANCE CORPORATION |
Q1: What are the key laws and sections cited in 1994 PLP 2287 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 2287 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Qadeer Chaudhry.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 2287 (SCMR) (MUHAMMAD MUMTAZ MASUD and 2 others‑‑‑Petitioners Versus HOUSE BUILDING FINANCE CORPORATION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Raja Abdul Ghafoor, Advocate‑on‑Record/Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 26th October, 1992.
- We have heard Raja Abdul Ghafoor, Advocate, for the petitioners and have perused the record of the case.
Headnotes / Summary
(On appeal from the judgment/order dated 27‑7‑1992 of the Lahore High Court, Lahore passed in Intra‑Court Appeal No. 114/92). Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑S.34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑‑Recovery of interest on loan‑‑‑Petitioners having secured loan from respondents assailed recovery of interest by them on assumption that Federal Shariat Court in Dr. Mahmood‑ur‑Rehman Faisal's case (PLD 1992 FSC 1) having declared interest as prohibited, being repugnant to Injunctions of Islam, they (petitioners) were not required to pay interest on loan secured by them from respondent and muchless compound interest‑‑‑Effect‑‑‑Judgment of Federal Shariat Court had not yet attained finality since appeal against same was pending before Shariat Appellate Bench of Supreme Court‑‑‑Petitioners having secured loan in question, under a written agreement were bound by the terms of said agreement‑‑‑No legal error in the discretion exercised by High Court in the exercise of its Constitutional jurisdiction was pointed out‑‑‑Leave to appeal was refused in circumstances. Dr. Mahmood‑ur‑Rehman Faisal and others v. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad and others PLD 1992 FSC 1 rel.
Judgment & Decree
Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑S.34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑‑Recovery of interest on loan‑‑‑Petitioners having secured loan from respondents assailed recovery of interest by them on assumption that Federal Shariat Court in Dr. Mahmood‑ur‑Rehman Faisal's case (PLD 1992 FSC 1) having declared interest as prohibited, being repugnant to Injunctions of Islam, they (petitioners) were not required to pay interest on loan secured by them from respondent and muchless compound interest‑‑‑Effect‑‑‑Judgment of Federal Shariat Court had not yet attained finality since appeal against same was pending before Shariat Appellate Bench of Supreme Court‑‑‑Petitioners having secured loan in question, under a written agreement were bound by the terms of said agreement‑‑‑No legal error in the discretion exercised by High Court in the exercise of its Constitutional jurisdiction was pointed out‑‑‑Leave to appeal was refused in circumstances. Dr. Mahmood‑ur‑Rehman Faisal and others v. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad and others PLD 1992 FSC 1 rel. Raja Abdul Ghafoor, Advocate‑on‑Record/Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 26th October, 1992. WALI MUHAMMAD KHAN, J.‑‑‑Muhammad Mumtaz Masud and others, petitioners herein, seek leave to appeal against the judgment of the Lahore High Court dated 27‑7‑1992 whereby their Intra‑Court Appeal No. 114/92 against the judgment of a learned Single Judge dated 15‑3‑1992 in Writ Petition No. 2835/86 challenging the recovery of interest from them by the House Building Finance Corporation, respondent herein, was dismissed. We have heard Raja Abdul Ghafoor, Advocate, for the petitioners and have perused the record of the case. The grievance of the petitioners before the lower forums as well as before this Court is that in view of the judgment of the Federal Shariat Court reported as Dr. Mahmood‑ur‑Rehman Faisal and others v. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad and others (PLD 1992 Federal Shariat Court page 1) declaring interest as prohibited, being repugnant to the Injunction of Islam, they are not required to pay interest on the loan secured by them from the respondent and muchless compound interest. The judgment of the Federal Shariat Court has not yet attained finality as appeal against it is pending disposal before the Shariat Appellate Bench of this Court. The petitioners secured the loan in question under a written agreement and are bound by the terms of the said agreement. There is no legal error in the discretion exercised by the lower forums in declining to issue the writ prayed for. Leave to appeal is, accordingly, refused and the petition is dismissed. A.A./M‑1984/S Leave refused.