| Citation(s) |
|---|
| 1980 SLG 1681 1980 SLD 1681 1980 CLC 86 |
Sindh High Court
Letters Patent Appeal No. 188 of 1967, 17/10/1978
D. MAHMUD AND MUHAMMAD ZAHOORUL HAQ, JJ
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Letters Patent Appeal No. 188 of 1967, 17/10/1978
D. MAHMUD AND MUHAMMAD ZAHOORUL HAQ, JJ
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Messes Al Muslim Goods Transport Co., Karachi And Another
VS
Muhammad Siddique
Law:
Section:
Keywords: Proceeds, Payment, Recording Evidence, Costs, Carrier, Cogent Reasons, Receipt, Consequences, Evidence, Goods, Contract, Defence, Property, Order, False Evidence, Notice, High Court, Privy Council, Fraudulent, Jointly And Severally Liable, Parties, Presentation, Necessary Parties, Delivery, Liability, Retirement, Commission, Forgery, Joinder, Land, Plea, Patent, Money, Recording, Care Result: Appeal dismissed JUDGMENT I. MAHMUD, J.-..This Letters Patent Appeal :s from a judgment and decree of a learned Single Judge of the erstwhile High Court of West Pakistan dated 1st September 1967, in Suit No. 117/63 on the Original Side of the High Court decreeing the suit of the respondent against the appellant in the sum of Rs. 1,01,890.88 with interest and costs as prayed 2. The plaintiff/respondent, Muhammad Siddiq, carried on business as commission agent in the name of Shams do Co., Karachi. The appellants Nos. 1 and 2 carried on business as common carri rs of trans. Porting for hire goods for all persons by land in motor trucks. Between 28th June 1962 and 17th October 1962, the respondent entrusted to the appellant No. 1, Al-Muslim Goods Transport Company at Karachi, 74 consignments consisting of two cases and 57 bales of yarn of a total value of Rs. 97,377.44 for carriage to Lyallpur and delivery there to the order of the branches of the Habib Bank Limited, United Bank Limited., Standard Bank Ltd., and the Bank of Bahawalpur Ltd. The appellant No. I issued truck receipts (Bilties) for these consignments in the name of these banks as consignees as per particulars and numbers mentioned in Schedule 'A' to the plaint. The arrangement with these banks was that the respondent used to obtain advances against the security of the truck receipts from the banks. The banks, in turn, took written Under taking from the appellant No. I to deliver the goods at Lyallpur to the consignee banks concerned or their nominees on presentation of Bilties and not to deliver the goods to any person. The banks forwarded these Bilties to their Branches at Lyallpur along with the demand drafts drawn by the respondent on the ultimate purchase together with the bills. The purchaser of theβ¦
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