Mst. SAMEENA ANWAR vs The MANAGER, UNITED BANK LTD — 2022 PLD 108 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PLD 108 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PLD
Parties: Mst. SAMEENA ANWAR vs The MANAGER, UNITED BANK LTD
Subject matter: Criminal
Provisions referred to: S. 124---C; Contract Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SAMEENA ANWAR VS The MANAGER, UNITED BANK LTD. S. 124---Constitution of Pakistan, Art. 199---Constitutional petition---Contract of indemnity---Withdrawal of amount from missing person's Bank account---Scope---Petitioner along with her daughters sought direction to the respondents to release the amount lying in the Bank account of her missing husband---Contention of respondents was that the amount could not be released in favour of the petitioners until and unless death of the missing person was confirmed and a succession certificate was issued by a court of competent jurisdiction---Validity---Section 124 of Contract Act, 1872, furnished a complete answer to the contention of respondents---Spouse of the missing person would guarantee through affidavit or execute personal bond indemnifying the Bank---In the event of the appearance of missing person, the Bank would not be responsible for re-payment of such amount to the missing person, which had already been released to his spouse/family members---Spouse of the missing person would be responsible for satisfying the claim of the missing person---Constitutional petition was allowed and the respondents were directed to release the amount in question to the spouse of missing person after obtaining affidavit or personal bond. Head NotesCase Description

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