Law:

Section:

(a) Co-operative Societies and Co-operative Banks (Repayment of Loans) Order [Martial Law Order No. 241 of 1972]------Paras. 6 & 7----Constitution of Pakistan (1973), Art.199-­Constitutional jurisdiction---Scope---Bar of jurisdiction---Sub-Constitutional enactments could not bar the jurisdiction of Superior Courts which had been granted to them under Art. 199 of the, Constitution---Barring provisions to jurisdiction of Superior Courts, however, comprehensively worded could not affect or take away the jurisdiction of Superior Court, conferred upon them under the Constitution---Mala fide orders/acts or actions taken without jurisdiction would fall within the definition of legal maxim of coram non judice and those could be set aside under Art. 199(3) of the Constitution---If an Authority having no jurisdiction had acted or assumed the jurisdiction, such act of that Authority could be turned down/set aside---Paragraph 7 of Co-operative Societies and Co-operative Banks (Repayment of Loans) Order (M.L.O. 241), could not be used as blank cheque of power conferring jurisdiction upon Authorities named therein and acts performed and actions taken, were subject to scanning by High Court--­Jurisdiction of High Court, could not be considered to have been taken away by such Orders and Regulations. Chairman, Employees Old-Age Benefit Institution and others v. Mr. Ismail Munawar 1984 SCMR 143; Habib Bank Ltd. v. Messrs Dost Muhammad Cotton Mills PLD 2000 Kar. 186; The State v. Faisal Mushtaq and another PLD 2003 Kar. 111; Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632; Secretary, Ministry of Religious Affairs and Minorities and 2 others v. Syed Abdul Majid 1993 SCMR 1173; Sawan and others v. Abdullah and 2 others PLD 1998 Kar. 111; Muhammad Afzal Khan v: Karachi Development Authority and 6 others PLD 1984 Kar. 114; Muhammad Afzal v. Registrar, Cooperative Societies and 2 others 1983 CLC 387 and Begum Kishwar Abid Hussain and another v. Jhang Central Cooperative Bank Ltd. Jhang and 2 others PLD 1976 Lah. 1521 ref. (b) Co-operative Societies and Co-operative Banks (Repayment of Loans) Order [Martial Law Order No. 241 of 1972]---…

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