2008 PLP 1285 (CLD)
AWAMI HIMAYAT TEHREEK PAKISTAN through its Chairman and another-Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Government of Pakistan, Islamabad and others — Respondents
| Citation | 2008 PLP 1285 (CLD) |
| Forum / Court | Karachi |
| Bench Members | Munib Ahmad Khan and Ghulam Dastagir Shahani, JJ |
| Parties | AWAMI HIMAYAT TEHREEK PAKISTAN through its Chairman and another-Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Government of Pakistan, Islamabad and others — Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2008 PLP 1285 (CLD)?
This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1285 (CLD)?
The case was heard and decided by the Karachi bench comprising: Munib Ahmad Khan and Ghulam Dastagir Shahani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1285 (CLD) (AWAMI HIMAYAT TEHREEK PAKISTAN through its Chairman and another-Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Government of Pakistan, Islamabad and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- None present for Petitioners.
- Ain-ud-Din and Sanaullah Noor Ghouri for Respondents.
Headnotes / Summary
State Bank of Pakistan BPD Circular No.29, dated 15-10-2002
Constitution of Pakistan (1973), Art.199
Constitutional petition
State Bank BPD Circular No.29, dated 15-10-2002 was challenged with further prayer that it could not prevail upon the Financial Institutions (Recovery of Finances) Ordinance, 2001
Held, State Bank BPD Circular No.29, dated 15-10-2002 was a legal document as treated by Superior Courts. Imran Ahmad, D.A.G. for the State.
Judgment & Decree
All the three learned counsel unanimous in stating that through this petition BPD Circular No.29 of State Bank of Pakistan has been challenged with further prayer that it cannot prevail upon Financial Institution (Recovery of Finances) Ordinance, 2001, but the prayer cannot be granted, as in so many cases, this Court has itself directed the concerned Bank to follow up the circular of State Bank of Pakistan, as the same has been treated as a legal document. They have further submitted, besides the High Court, Honourable Supreme Court in several cases, has also issued directions to follow up the said circular, therefore, its legality cannot be challenged. Since none is present for petitioner, the petition is dismissed along with listed applications. H.B.T./A-100/K Petition dismissed.