Law:

Section:

(a) Stay order-------Operation of stay granted by superior Court---Just as law would operate from the moment it was enacted and ignorance was no defence, a stay granted by a superior Court would operate from the time, the order was made and ignorance of the order, would not permit a lower Court to render the order of a superior Court ineffective or a nullity---Any or all proceedings taken by the Trial Court after order of High Court staying proceedings before it, were a nullity and totally without jurisdiction. Din Muhammad Khan v. Abdul Rehman Khan 1992 SCMR 127 and Akhtar Hussain and 4 others v. The State 1993 SCMR 1523 ref. (b) Jurisdiction--- ---Jurisdiction of a Court was always the core question, which had to be dealt with immediately to the exclusion of all other business, because that was what would decide the competence or otherwise of a Court or Tribunal to proceed further in the matter. Town Committee, Gakhar Mandi v. Authority Under the Payment of Wages Act, Gujranwala and 57 others PLD 2002 SC 452 and Muslim Commercial Bank Limited v. Tahir Edible Oil (Pvt.) Ltd. and others 2003 CLC 416 ref. (c) Words and phrases--- ----Term Per incuriam, defined and explained. (d) Interpretation of statutes--- ----Legislature was presumed to be cognizant of existing law---Presumption being that Legislature would not make any mistake, and expression of Legislative will, could not lightly and easily be ignored. (e) Banking Tribunals Ordinance (LVIII of 1984)--- --Ss. 5 & 7---Recovery of money---Machinery for dealing with the matter of recovery of money---Banking Tribunals Ordinance, 1984 was a special law relating to the recovery of money from delinquent/defaulting borrowers---Banking Tribunals Ordinance, 1984 a complete Code unto itself and had provided machinery for dealing with the matter of recovery of money and it related to matters including offences created with regard to an effort at thwarting recovery---Provisions of Banking Tribunals Ordinance, 1984 would prevail over any other law and any criminal Act falling within the definition of offence contained in S.7 of the Ordinance, would fall within the exclusive domain of Banking Tribunal and that too in…

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