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1996 SCMR 517

TAJAMMAL HUSSAIN vs THE STATE and others

Petitioner: TAJAMMAL HUSSAIN VS Respondent: THE STATE and others

Court: Supreme Court of Pakistan Decision Date: 1994-02-19

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadeer Chaudhry, Manzoor Hussain Sial Title: TAJAMMAL HUSSAIN vs THE STATE and others Case No.: Criminal Petition for Leave to Appeal No, 13 of 1994 Date of Judgment:1994-02-19 Reported As: 1996 SCMR 517 Result: Leave granted

Judgment ORDER ' MANZOOR HUSSAIN SIAL, J.---Tajammal Hussain, Chairman, Managing Director, of the Bank of Punjab, petitioner herein seeks leave to appeal against orders dated 12-4-1993 and 11-12-1993, passed by Division Bench of the Sindh High Court whereby the order dismissing a private complaint lodged by respondent No,2 against the petitioner was set aside in Criminal Revision No,71 of 1992 and the case was remanded to the trial Court for further proceedings in the matter. 'b Learned counsel for petitioner contends that on identical allegations a Division Bench of the Lahore High Court, vide judgment dated 26-10-1992, held the petitioner, immune from prosecution as envisaged under section 18 of Banks (Nationalization) Act, 1974, after the Federal Government had withdrawn the challahs filed against him. Leave to appeal is granted, in this case, to consider, inter alia, whether the judgment dated 26-10- 1992, of the Lahore High Court, wherein it was held that the petitioner had acted in good faith in the performance of his functions entitled him to statutory indemnity as contemplated under section 18 of the Banks (Nationalization) Act, 1974, the complaint lodged by a private person on the same allegations was maintainable. ' Interim stay of proceedings before the trial Court to continue, pending disposal of the appeal.

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