Jurisdiction of Banking Mohtasib
Jurisdiction of Banking Mohtasib legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Condition imposed on Mohtasib not to entertain any complaints if the matter was pending before a court or other legal forum applied only in relation to the entertaining of a complaint.
Banking Mohtasib had the jurisdiction to entertain a complaint only after the 45 days had passed from the complainant having given due intimation to the concerned bank, but without satisfaction being given to the customer/complainant by the Bank
If the complaint was already on the Banking Mohtasib's files, then the Mohtasib could take the matter up and it was only then that he could be said to have entertained it
Crucial date for the purpose of S.82D(4) of the Banking Companies Ordinance, 1962 was to be determined, if on that date there was a matter pending in a court or other legal forum, the Mohtasib must stay his hand and he, in such a case, would not have the jurisdiction to entertain the complaint and for him to proceed with the same would be unlawful.
Section 82A of the Banking Companies Ordinance, 1962 set out the scope and extent of the Mohtasib's jurisdiction, but said section must be read with S.82B(5) of the Banking Companies Ordinance, 1962 which amplified the former and the said provision expressly provided that the Mohtasib had the jurisdiction to entertain complaints in relation to fraudulent or unauthorized withdrawals or debit entries in accounts.
"Jurisdiction of Banking Mohtasib", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124942355
Precedents & Case Laws citing "Jurisdiction of Banking Mohtasib"
2006 C L D 1226
UNITED BANK LIMITED through Manager — Petitioner Versus BANKING MOHTASIB PAKISTAN and another — Respondents
Court: Lahore2022 C L D 1540
FFCL MANAGEMENT STAFF PENSION FUND TRUST through Secretary — Petitioner Versus PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD and another — Respondents
Court: Islamabad2019 C L D 999
ASKARI BANK LIMITED through Duly Authorized Attorneys — Petitioner Versus PRESIDENT OF PAKISTAN through Director (Legal-II) and others — Respondents
Court: Sindh2022 C L D 769
HABIB BANK LIMITED — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents
Court: Lahore (Bahawalpur Bench)2006 C L D 1534
MUHAMMAD RAFIQUE and others — Petitioners Versus MANAGING DIRECTOR, BANK OF PUNJAB and others — Respondents
Court: Lahore2013 C L D 1756
SONERI BANK LIMITED through Constituted Attorneys/Authorized Officers and another — Plaintiffs Versus Messrs PAK LAND CORPORATION (PVT.) LIMITED through CEO and 4 others — Defendants
Court: Sindh2022 C L D 1448
HABIB BANK LIMITED — Petitioner Versus MUHAMMAD AYUB MENGAL and others — Respondents
Court: Balochistan2022 C L D 291
MEEZAN BANK LIMITED — Petitioner Versus The PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN and others — Respondents
Court: Islamabad2025 C L D 834
UNITED BANK LIMITED — Petitioner Versus PRESIDENT OF THE ISLAMIC REPUBLIC OF PAKISTAN and others — Respondents
Court: Lahore (Rawalpindi Bench)2018 C L D 1152
HABIB BANK LIMITED through Litigation Officer — Petitioner Versus FEDERATION OF PAKISTAN through President Secretariat Islamabad and 2 others — Respondents
Court: Islamabad