ABDUL HAMID KHAN vs PROVINCE OF WEST PAKISTAN AND 4 Other — 1971 SCMR 645

Citation: 1971 SCMR 645

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-03

Parties: ABDUL HAMID KHAN vs PROVINCE OF WEST PAKISTAN AND 4 Other

Headnotes

Case cited as 1971 SCMR 645

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: ABDUL HAMID KHAN vs PROVINCE OF WEST PAKISTAN AND 4 Other Case No.:Civil Petition for Special Leave to Appeal No. 47 of 1970 R. F. A. No. 207 of 1959 Date of Judgment:1970-03-03 Reported As: 1971 SCMR 645 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.----This petition for special leave to appeal is concluded by concurrent findings of fact. Ijaz Ahmad an employee of the petitioner, defalcated Rs. 2,43,000 from the Kohat Treasury. Out of the sum Rs. 1,70,290 were recovered and for the balance amount the Government filed a suit on the basis of the contract of guarantee entered into by the petitioner at the time of his appointment as Treasury Contractor. The petitioner denied having entered into any such contract and pleaded inter alia that his liability, if any, was limited to Rs. 30,000. It was further claimed that since the Treasury Officer had failed to perform the duties imposed on him by the Rules intended to ensure against defalcation, the petitioner was not liable to reimburse the Government. Lastly, it was contended that defalcation, if any, did not take place in the course of the business assigned to Ijaz Ahmad, as employee of the petitioner, to attract the vicarious liability prescribed for by section 238 of the Contract Act. In the absence of the original contract of guarantee which appeared to have been removed from the record, the…

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