ATLASINDUSTRIAL AND TRADING CORPORATION, KARACHI AND Another vs DR. — 1964 PLD 61

Citation: 1964 PLD 61

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: ATLASINDUSTRIAL AND TRADING CORPORATION, KARACHI AND Another vs DR. JUDGMENT

Headnotes

PLD 1967 Dacca 216 and PLD 1965 SC 690). Apart from this general proposition, I find that on the specific question of the illegality of the contract on account of its being opposed to public policy the weight of authority appears to be in favour of permitting such a question to be raised for the first time even at the appellate stage, the reason being that no Court should enforce an illegal contract, if the illegality can be deduced from the evidence brought on the record See AIR 1923 Mad.

Judgment Text

Court Name: Sindh High Court Judge(s): Sheikh Anwarul Haq, Abdul Qadir Sheikh Title:ATLASINDUSTRIAL AND TRADING CORPORATION, KARACHI AND Another vs DR. JUDGMENT Reported As: PLD 1970 Karachi 241 Result: Appeal allowed Judgment JUDGMENT ABDUL KADIR SHAIKH, J.-----These two Letters Patent Appeals are directed against the consolidated judgment of the learned Single Judge of this Court in two suits brought by the parties, being Nos. 214/59 and 42/60, the former by Dr. S. Jalil Asghar against Messrs Atlas industrial and Trading Corporation, a partnership firm of which Mubarak A.I Ahmed the defendant No. 2 is the Managing Partner; the latter filed by Messrs Atlas Industrial and Trading Corporation against Dr., Jalil Asghar. The suit brought by Dr. S. Jalil Asghar for the recovery of Rs. 1,16,850 has been decreed, whereas the second suit for the claim of Rs. 58,150 has been dismissed. The two decrees have led to the present two Letters Patent Appeals by the parties. These were heard together, as in fact were the two suits before the learned Single Judge, and it is only proper therefore, that both the appeals be disposed of by this consolidated judgment. 2. The case set up Dr. S. Jalil Asghar in the plaint of his suit was that by a contract dated the 8th of April 1959 between him and Mubarak A.I Ahmed, on behalf of Messrs Atlas Industrial and Trading Corporation, he agreed to work in collaboration with the defendant to procure and execute the order secured by the defendants from…

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