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Jurisdiction of Banking Mohtasib

Jurisdiction of Banking Mohtasib legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 CLD 1756 KARACHI-HIGH-COURT-SINDH Judicial Precedent
S. 82D(4)Jurisdiction of Banking MohtasibProcedure for making complaintsProhibition on the Banking Mohtasib on issuing an order in the nature of a stay order was absolute

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.

2013 CLD 1756 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Ss. 82A & 82D(4)Jurisdiction of Banking MohtasibEntertaining of complaints if same matter was pending before a court or legal forumScope

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.

2013 CLD 1756 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Ss. 82A & 82B(5)Jurisdiction of Banking MohtasibScope and extent

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.

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Precedents & Case Laws citing "Jurisdiction of Banking Mohtasib"

CLD 2006
2006-June-16

2006 C L D 1226

UNITED BANK LIMITED through Manager — Petitioner Versus BANKING MOHTASIB PAKISTAN and another — Respondents

Court: Lahore
CLD 2022
2022-August-25

2022 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: Islamabad
CLD 2019
2019-April-5

2019 C L D 999

ASKARI BANK LIMITED through Duly Authorized Attorneys — Petitioner Versus PRESIDENT OF PAKISTAN through Director (Legal-II) and others — Respondents

Court: Sindh
CLD 2022
N/A

2022 C L D 769

HABIB BANK LIMITED — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents

Court: Lahore (Bahawalpur Bench)
CLD 2006
2006-June-6

2006 C L D 1534

MUHAMMAD RAFIQUE and others — Petitioners Versus MANAGING DIRECTOR, BANK OF PUNJAB and others — Respondents

Court: Lahore
CLD 2013
2013-March-18

2013 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: Sindh
CLD 2022
2021-July-19

2022 C L D 1448

HABIB BANK LIMITED — Petitioner Versus MUHAMMAD AYUB MENGAL and others — Respondents

Court: Balochistan
CLD 2022
2021-December-21

2022 C L D 291

MEEZAN BANK LIMITED — Petitioner Versus The PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN and others — Respondents

Court: Islamabad
CLD 2025
2025-May-2

2025 C L D 834

UNITED BANK LIMITED — Petitioner Versus PRESIDENT OF THE ISLAMIC REPUBLIC OF PAKISTAN and others — Respondents

Court: Lahore (Rawalpindi Bench)
CLD 2018
2018-April-13

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