STATE BANK OF PAKISTAN vs MOHAMMAD NAEEM O — 2023 SCMR 737 SUPREME-COURT

Case information

Citation: 2023 SCMR 737 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: STATE BANK OF PAKISTAN vs MOHAMMAD NAEEM O

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

STATE BANK OF PAKISTAN VS MOHAMMAD NAEEM O. XI---Constitution of Pakistan, Arts. 188 & 185(3)---Constitution of Benches---Judgment of Division Bench of High Court altered by a two Member Bench of the Supreme Court without granting leave to appeal---Propriety---In the present case, though the two Member Bench of the Supreme Court (in the judgment under review) was inclined to grant leave to appeal to a limited extent vis-a-vis the rate of mark-up, but it was also true that no leave to appeal was granted against the impugned judgment of the High Court---In the judgment under review on the sole statement of the counsel for the respondent, the alleged excessive rate of markup was simultaneously modified in the judgment without recording any consensual statement of the petitioner's (bank's) counsel---Two Member Bench of the Supreme Court, taking into consideration the assiduousness and exactitudes of Order XI of the Supreme Court Rules, 1980, could grant leave or dismiss the civil petition for leave to appeal, but could not modify, alter or amend the judgment of Division Bench of High Court for which the matter should have been fixed before a three Member Bench of the Supreme Court as per the said Rules---Review petition was allowed and Civil Petition for Leave to Appeal was restored to its original number, with the direction that the same shall be fixed for hearing before a three Member Bench for leave to appeal.

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