Category Ch. Imran Hassan Ali

High Court appoints Imran amicus curiae in case under banking laws

On 20-05-2025, the Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali as amicus curiae in a case under banking laws. It is a suit in original civil jurisdiction of the High Court instituted by M/s Islamabad Farms against MCB Bank Limited. It involves legal questions about the validity of a mortgage charge and the bank’s liability to compensate the customer for its failure to release funds under a finance facility.

It is a great honour for Imran. All praise is for Allah alone!

The case is at an initial stage at present. Watch this space for updates on further developments in this case.

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Legal Framework Established for Al-Haram City

Barrister Ch. Imran Hassan Ali has successfully drafted and finalised the terms and conditions for Al-Haram City, a major private housing society with projects in the twin cities of Rawalpindi and Islamabad. The housing society, which is expected to become one of the major residential developments in Rawalpindi and Islamabad, has now entered its next phase of development, with legal documentation setting a clear framework for future transactions, membership, and property transactions within the society.

The terms and conditions cover a wide range of issues, including but not limited to property ownership rights, the allocation of plots, maintenance responsibilities, dispute resolution mechanisms, and the obligations of both developers and homeowners. The terms and conditions align with local regulations while also providing clarity and protection for all parties involved. This is an important milestone in the legal aspect of the project.

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Imran addresses a symposium on ADR

On 28-04-2025, a symposium on alternative dispute resolution was held at the Rawalpindi High Court Bar Association auditorium. Ch. Imran Hassan Ali, ASC, had the honour and the privilege to be one of the speakers. His speech focused on the recent instances of court-mandated mediation at the Rawalpindi Bench and the benefits of court-mandated mediation for lawyers. Other speakers at the symposium included Mr. Justice (R) Mushir Alam, Mr. Justice Mirza Viqas Rauf, Mr. Justice Jawad Hassan, Mr. Justice Asim Hafeez, District Judge Sufyan Rana from England, Deputy District Judge Ghazan Mahmood from England, and Barrister Talha Ilyas Sheikh.

The speeches can be viewed on Facebook by clicking here. Imran’s speech starts at around 16:00 in the video.

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Imran appointed as amicus curiae in a case under the Defamation Ordinance

On 03-03-2025, a Single Bench of the Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a case under the Defamation Ordinance, 2002.

Arguments are expected to be heard after Ramadan.

It is a great honour for Imran. All praise is for Allah alone!

Please watch this space for updates on this case.

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Imran appears as amicus curiae in a case under the Income Tax Ordinance

A Division Bench of the Lahore High Court was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a case under the Income Tax Ordinance, 2001 (“ITO”). The precise question before the Court was whether a applicant, whose reference under section 133 of the ITO has been allowed by the High Court on a preliminary legal point and whose case has been remanded to the Commissioner (Appeals) or the Income Tax Appellate Tribubal, is entitled to received back the court fee which the law requires should accompany a reference application, especially when there is no express provision in ITO permitting refund of court fee.

On 05-03-2025, Ch. Imran Hassan Ali, ASC, appeared before the Division Bench No. 2 at Rawalpindi and made his submissions. The Court accepted his submissions and allowed the application.

Imran also submitted that the very levy of court fee through section 133(12) of ITO is ultra vires because the Parliament lacks the legislative competence to enact such a provision. This also pursuaded the Court to allow refund. However, as the purview of the application before the Court was limited, the question of vires was left to be decided in some other appropriate proceedings.

It is a great honour for Imran. All praise is for Allah alone!

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Christopher Buckingham delivers lectures at Rawalpindi High Court Bar and the Federal Judicial Academy, Islamabad

On 09-01-2025, Christopher Buckingham, a Barrister from England, addressed members of the Rawalpindi High Court Bar Association at the auditorium of HCBA Rawalpindi. The topic of his lecture was “Life at the English Bar and Current Themes in English Law”. The same day, Christopher also delivered a lecture to civil judges at the Federal Judicial Academy, Islamabad, in the presence of the Honourable Mr. Justice Jawad Hassan. Christopher is a dear friend of Ch. Imran Hassan Ali, ASC, and was visiting Pakistan on his invitation. For detailed introduction of Christopher as well as to watch his speech at HCBA Rawalpindi, please click here.

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The Gatmells Motel Litigation Finally Draws Close to an End

Ch. Imran Hassan ALi, ASC, has successfully resisted a petition arising out of the Gatmells Motel litigation in the High Court.

The case pertains to the ownership and partition dispute between family members over the famous property, 1 Old Jail Road, Rawalpindi, which has been going on for almost 25 years, having started in the Civil Court in the year 2000. The property, worth billions, is situated between the District Judicial Complex and the Rawalpindi Golf Club. It also includes the famous Gatells Motel. Imran has been representing four out of the six siblings involved in the dispute before the High Court. Over time, numerous appeals and petitions have arisen out of this litigation, some of which even reached the Supreme Court.

On 09-12-2024, the Lahore High Court, Rawalpindi Bench, dismissed one of the last civil revision petitions brought by one of the siblings to challenge the dismissal of her appeal against the final decree of the Civil Court. Imran represented the Respondents in this petition.

Finally, the end to this long saga appears to be in sight.

Watch this space for updates on this litigation.

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Imran Successfully Mediates a 19-Year-Old Property Dispute

On 11-12-2024, Chaudhary Imran Hassan Ali, ASC, was appointed as the mediator by the Lahore High Court, Rawalpindi Bench, to resolve a longstanding property dispute that has been ongoing for nearly two decades. The case involved multiple parties and required complex mathematical calculations to determine shares in inherited property over many generations.

Imran facilitated discussions between the disputing parties with the aim of reaching a mutually agreeable settlement. Imran’s intervention led to a constructive dialogue and the parties were able to reach an agreement. The agreement has already been signed and filed in Court. The case is scheduled to come up before the Court in February 2025 when it is expected to be disposed of in terms of the agreement, thus bringing a long-drawn-out legal battle to an amicable end.

The Court’s decision to appoint a mediator underscores its commitment to finding a timely and amicable resolution to the matter, avoiding further prolonged litigation. Such initiatives can help decongest court dockets and offer a more efficient resolution process for complex disputes. It could set a precedent for future property-related disputes.

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Imran appears as amicus in case about Shia Jurisprudence

On 21-09-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Imran Hassan Ali as amicus curiae in a case involving a dispute about the proper procedure for khula under Shia Jurisprudence (Fiqh-e-Jafria). More specifically, the extent of jurisdiction of the Family Court in such matters was to be determined by the High Court.

Arguments were heard on multiple dates. Eventually, the Court rendered its detailed judgment in November 2024, agreeing with the submissions of the amicus curiae and the Advocate General Punjab.

The judgment is reported at PLD 2025 Lahore 18 and 2024 LHC 5108 (Syed Shouzab Imran Kazmi vs. Syeda Iffat Bukhari etc.). It can also be downloaded from the Lahore High Court website by clicking here.

It is a great honour for Imran. All praise is for Allah alone!

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Supreme Court orders closure of three stone crushing plants in KPK; Wants NEQS updated within three months

Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition challenging the Khyber Pakhtunkhwa Power Crusher Rules, 2020. Through these rules, the Government of KPK has reduced the safe distance for power crushers from places of human habitation from 1000 metres to 500 metres in urban areas and 300 metres in rural areas, which has created an environmentally disastrous situation for hundreds of thousands of people in the province of KPK.

On 15-06-2021, the Supreme Court accepted preliminary arguments of the Petitioners and issued notice to the Government of KPK. The Court also directed the relevant authorities to inspect the power crushers near Petitioners’ village to make sure that they are complying with the current national environmental quality standards. The Court also added the power crusher owners as respondents in the Constitution Petition.

On 06-04-2022, Imran submitted on behalf of the petitioners that the power crusher owners are harassing and intimidating the locals to make them sell their lands to them. He requested the Court to make an interim order to curb such coerced sales of land. The Court allowed the Petitioners’ request to place a moratorium on transfer of land around stone crushers in the area until further orders. This order will save the locals from undue harassment and pressure at the hands of unscrupulous power crusher owners.

On 25-04-2022, the Court decided to adopt an inquisitorial approach and appointed a special commission headed by the renowned environmental lawyer, Dr. Parvez Hassan, to inspect the operation of power crushers in KPK and to ensure compliance of environmental standards. The order can be downloaded by clicking here.

Further hearing of the case took place on 11-07-2024 and 12-07-2024. After lengthy and detailed hearing, the Supreme Court ordered immediate closure of three power crushers in village Suraj Galli, Tehsil Khanpur. The Court also directed the Government of KPK to file a detailed report about the status of almost 900 power crushers operating in the province of KPK. While noting that the existing National Environmental Quality Standards (“NEQS”) have become outdated, the Court also directed the Federal Government as well as all the Provincial Governments to update the NEQS/PEQS within a period of three months and submit their respective updated/revised EQS before the Court. The said order has been approved for reporting. It can be downloaded from the Supreme Court website by clicking here.

The power crusher owners are being represented by senior advocates Barrister Ch. Aitzaz Ahsan, Khawaja Haris Ahmad and Barrister Gohar Ali Khan.

To watch coverage of this case by various TV and YouTube channels, please watch the following YouTube videos:

For print and electronic media coverage of this case, please click on the links below:

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