| Citation(s) |
|---|
| 2002 SLG 2077 2002 SLD 2077 2002 CLD 116 |
Lahore High Court
Writ Petition No. 764 of 2001 /BWP. heard on 21st May, 2001.
SHEIKH ABDUR RAZZAQ, J
Mian Anwar Nabi for Petitioner. Ch.Muhammad Ashraf Mohandra, Mushtaq Pervaiz Abbasi, Malik Saeed Ejaz, Syed Waseem Ahmad, Masood Ashraf Sheikh, Basit Babar Chughtai and Daud ul Hassan Qureshi for
Respondents.
Writ Petition No. 764 of 2001 /BWP. heard on 21st May, 2001.
SHEIKH ABDUR RAZZAQ, J
Mian Anwar Nabi for Petitioner. Ch.Muhammad Ashraf Mohandra, Mushtaq Pervaiz Abbasi, Malik Saeed Ejaz, Syed Waseem Ahmad, Masood Ashraf Sheikh, Basit Babar Chughtai and Daud ul Hassan Qureshi for
Respondents.
NUSRAT ALI ANJUM er
VS
. SMALL BUSINESS FINANCE CORPORATION, RAHIM YAR KHAN through Manager --Respondent
Law:
Section:
Small Business Finance Corporation Act (XXIX of 1972) Ss. 20, 21 & 22 Constitution of Pakistan (1973), Art. 199 Constitutional petition Repayment of loan ¬Recovery of mark up/interest Petitioners being customers of Corporation had obtained loan with their free consent and had executed agreements in that respect with the Corporation Petitioners, who were liable to return the loan, did not dispute their liability to repay the principal amount, but had asserted that as interest/mark up had been declared by Federal Shariat Court as well as Supreme Court against Injunctions of Islam, they were not liable to pay the interest Interest/mark up though in any form had been declared against Injunctions of Islam, but its recovery had not been disallowed in past and closed transactions Petitioners, in circumstances, were liable to repay the amount as per agreement executed with the Corporation alongwith agreed interest/mark up. JUDGMENT This order shall dispose of the instant writ petition as well as the writ petitions mentioned hereunder as a common question of law is involved in all these petitions: (1) W.P. No.2354 of 1999/BWP, (2) W.P. No.5493 of 1999/BWP, (3) W.P. No. 1954 of 2000/BWP, (4) W.P. No.3896 of 2000/BWP, (5) W.P. No.4746 of 2000/BWP, (6) W.P. No.5307 of 2000/BWP, (7) W.P. No.5975 of 2000/BWP, (8) W.P. No.6014 of 2000/BWP, (9) W.P. No.263 of 2001/BWP, (10) W.P. No.272 of 2001 /BWP, (11) ' W. P. No.289 of 2001 /BWP, (12) W.P. No.357 of 2001 /BWP, (13) W.P. No.358 of 2001/BWP, (14) W.P. No.523 of 2001 /BWP, (15) W.P. No.604 of 2001 /BWP, (16) W.P. No.623 of 2001/BWP, (17) W.P. No.630 of 2001 /BWP, (18) W. P. No.688 of 2001 /BWP, (19) W.P. No.694 of 2001/BWP, (20) W.P. No.695 of 2001/BWP, (21) W.P. No.742 of 2001/BWP, (22) W.P. No.743 of 2001/BWP, (23) W.P. No.744 of 2001 /BWP, (24) W.P. No.746 of 2001 /BWP, (25) W.P. No.873 of 2001/BWP, (26) W.P. No.916 of 2001 /BWP, (27) W.P. No.951 of 2001 /BWP, (28) W.P. No.963 of 2001 /BWP, (29) W.P. No. 1079 of 2001/BWP, (30) W.P. No.1332 of 2001/BWP, (31) W.P. No.1342 of 2001/BWP, (32) W.P. No.1365 of 2001 /BWP, (33) W.P. No.1366 of 2001 /BWP, (34) W.P. No.1367 of 2001/BWP, (35) W.P. No.1368 of 2001 /BWP, (36) W.P.…
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