SCMR 1992

1992 PLP 1166 (SCMR)

MUHAMMAD BAKHSH and 4 others‑‑‑Petitioners Versus UNITED BANK LIMITED and another‑‑‑Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petition for Leave to Appeal No.913/L of 1990, decided on 3rd April, 1991.
Honorable Judges
Shafiur Rahman, Actg CJ. and
Case Reference Summary (AEO Optimized)
Citation 1992 PLP 1166 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Shafiur Rahman, Actg CJ. and
Parties MUHAMMAD BAKHSH and 4 others‑‑‑Petitioners Versus UNITED BANK LIMITED and another‑‑‑Respondents
Primary Law Constitution of Pakistan (1973)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 PLP 1166 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 PLP 1166 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman, Actg CJ. and.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1992 PLP 1166 (SCMR) (MUHAMMAD BAKHSH and 4 others‑‑‑Petitioners Versus UNITED BANK LIMITED and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)‑‑

Representation

  • Mukhtar Ahmad Farani, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioners.
  • Nemo for Respondents.
  • Date of hearing: 3rd April, 1991.

Headnotes / Summary

(From the judgment/order of 'Lahore High Court, Bahawalpur Bench, dated 30‑5‑1990 passed in Writ Petition No.1493 of 1989). ' ‑‑‑‑Arts. 2‑A & 185(3)‑‑Leave to appeal was granted to examine whether Art.2‑A, Constitution of Pakistan (1973), was executory or non‑self‑executory. Habib Bank Limited v. Messrs Waheed Textile Mills Ltd. and 5 others PLD 1989 Kar. 371; Bank of Oman Ltd. v. East Trading Co. Limited PLD 1987 Kar. 404; Shahbazud Din Chaudhry and 27 others v. Messrs Services Industries Textiles Limited and 4 others PLD 1988 Lah. 1; Tyeb v. Messrs Alpha Insurance Co. Ltd. and another 1990 CLC 428 and Sindh High Court Bar. Association, Karachi and another v. The Islamic Republic of Pakistan through the Secretary, Ministry of Justice and Parliamentary Affairs PLD 1991 Kar. 178 ref.

Judgment & Decree

Mukhtar Ahmad Farani, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 3rd April, 1991. SHAFIUR RAHMAN, ACTG. CJ.‑‑‑Leave to appeal is granted to examine the following question having Constitutional importance:‑‑‑ "Whether Article 2‑A is executory or non‑self‑executory?"

2. There appears to be a conflict of decisions in' the High Court of Sindh and Lahore High Court e.g. Habib Bank Limited v. M/s. Waheed Textile Mills Ltd. and 5 others PLD 1989 Kar. 371, Bank of Oman Ltd. v. East Trading Co. Limited PLD 1987 Kar. 404, Shahbazud Din Chaudhry and 27 others v. M/s. Services Industries Textile Limited and 4 others PLD 1988 Lahore 1, Tyeb v. Messrs Alpha Insurance Co. Ltd. and another 1990 CLC 428 and Sindh High Court Bar Association, Karachi and another v. The Islamic Republic of Court through the Secretary, Ministry of Justice and Parliamentary Affairs PLD 1991 Kar. 178.

3. Security Rs.5,000.

4. No interim order. M.BA./M‑1597/S Leave anted.