1986 PLP 38 (SCMR)
Mst. ZARINA BANG and others‑‑Petitioners Versus MUSLIM COMMERCIAL BANK Ltd.‑‑Respondent
| Citation | 1986 PLP 38 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Nasim Hasan Shah, and Shafiur Rehman, JJ |
| Parties | Mst. ZARINA BANG and others‑‑Petitioners Versus MUSLIM COMMERCIAL BANK Ltd.‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1986 PLP 38 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 38 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Nasim Hasan Shah, and Shafiur Rehman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 38 (SCMR) (Mst. ZARINA BANG and others‑‑Petitioners Versus MUSLIM COMMERCIAL BANK Ltd.‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑‑Art. 185(3)‑‑Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S.4‑‑Criminal Procedure Code (V of 1898) Ss.249‑A & 265‑K‑‑Prayer for acquittal under Ss. 249‑A & 265‑K, Criminal Procedure Code‑‑Leave to appeal dismissed with observation that objections to jurisdiction of Special Court on ground of retrospectively and on other legal grounds taken up in High Court and Supreme Court were to be allowed to be raised before Special Court‑‑Such questions alongwith prayer for acquittal to be decided by Special Court first‑‑Pending disposal of such jurisdictional question and question of acquittal, accused ordered to be present before Special Court on each date of hearing and not to be arrested provided they continued to attend.
- Khalid Anwar, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioners.
- Ejaz Hussain Batalvi, Senior Advocate Supreme Court, M.A. Zafar, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Respondents.
- Date of hearing: 8th May, 1985.
- M. Qayyum Malik, Deputy Advocate‑General, Khalil Ramdey, A.A.‑G. and M.M. Saeed Bagi, Advocate Supreme Court, on Notice.
Headnotes / Summary
(Against the judgment and order, dated 8‑12‑1984 and 17‑12‑1984 of the Lahore High Court, Lahore, in Criminal Miscellaneous No. 285‑Q/84, W.P.No. 5506 of 1984 and Criminal Miscellaneous No. 296‑Q/84). M. Qayyum Malik, Deputy Advocate‑General, Khalil Ramdey, A.A.‑G. and M.M. Saeed Bagi, Advocate Supreme Court, on Notice.
Judgment & Decree
Khalid Anwar, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioners. Ejaz Hussain Batalvi, Senior Advocate Supreme Court, M.A. Zafar, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Respondents. M. Qayyum Malik, Deputy Advocate‑General, Khalil Ramdey, A.A.‑G. and M.M. Saeed Bagi, Advocate Supreme Court, on Notice. Date of hearing: 8th May, 1985. SHAFIUR RAHMAN, J.‑‑This order will dispose of all the three petitions as common questions of law arise therein. Leave is refused with the observation that the objections to the jurisdiction of the Special Court on the ground of retrospectivity, and on other legal grounds taken up in the High Court and before us, are allowed to be raised before the Special Court. This question alongwith the prayer for acquittal (under section 249‑A or 265‑K, Cr.P.C.) shall be decided by the Special Court first. Pending the disposal of such jurisdictional questions and the question of acquittal, the accused not already exempted or to be exempted in future from attendance before Special Court shall personally attend the hearing and will not be arrested provided they continue to attend on each date of hearing. Keeping in view the nature of this case and its special features, the Special Court may consider deciding this matter very early, if possible, within two months from today. M. Y. H. Leave refused.