1994 PLP 18 (SCMR)
MALIK GUL HASAN & CO. and 5 others‑‑‑Petitioners Versus ALLIED BANK OF PAKISTAN LIMITED, QUETTA‑‑‑Respondent
| Citation | 1994 PLP 18 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman, Saleem Akhtar and Fazal Ralu Khan, JJ |
| Parties | MALIK GUL HASAN & CO. and 5 others‑‑‑Petitioners Versus ALLIED BANK OF PAKISTAN LIMITED, QUETTA‑‑‑Respondent |
| Primary Law | Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 18 (SCMR)?
This judgment primarily cites: Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 18 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman, Saleem Akhtar and Fazal Ralu Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 18 (SCMR) (MALIK GUL HASAN & CO. and 5 others‑‑‑Petitioners Versus ALLIED BANK OF PAKISTAN LIMITED, QUETTA‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Basharatullah, Advocate and K. N. Kohli, Advocate‑on‑Record (absent) for Petitioners.
- Tariq Mehmood, Advocate‑on‑Record (absent) for Respondent.
- Date of hearing: 12th October, 1993.
Headnotes / Summary
(On appeal from the order of High Court of Balochistan, Quetta dated 14‑6‑1993 passed in High Court Appeal No. 2/1993). ‑‑‑‑S. 2 [as amended by Banking Companies (Recovery of Loans) (Amendment) Act (XVII . of 1992)]‑‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑‑Leave to appeal was granted to examine whether change in jurisdiction brought 'about by Banking Companies (Recovery of Loans) (Amendment) Act, 1992, was procedural and operated retroactively so as to make proceedings before Special Court established under Banking Companies (Recovery of Loans) Ordinance. 1979, presided over by a Judge of the High Court without jurisdiction thereafter.
Judgment & Decree
Basharatullah, Advocate and K. N. Kohli, Advocate‑on‑Record (absent) for Petitioners. Tariq Mehmood, Advocate‑on‑Record (absent) for Respondent. Date of hearing: 12th October, 1993. SHAFIUR RAHMAN, J: ‑‑Leave to appeal is granted to examine, inter alia, the following question of law:‑ "Whether the change in jurisdiction brought about by Banking Companies (Recovery of Loans) (Amendment) Act, XVII of 1992 was procedural and operated retroactively so as to make the proceedings before the Special Court established under Banking Companies (Recovery of Loans) Ordinance, 1979 presided over by a Judge of the High Court without jurisdiction thereafter."
2. The petitioner shall furnish fresh security before the executing court for the decretal amount. He is permitted to do so by utilizing the same security as was furnished under order dated 24‑7‑1993 in appeal, provided it is sufficient and satisfactory.
3. The appeal be made ready within two months for disposal. AA./M‑1832/S Leave granted.