| Citation(s) |
|---|
| 2015 SLG 2462 2015 SLD 2462 2015 CLD 899 |
Islamabad High Court
I.C.A. No. 16 of 2015, decided on 31st March, 2015.
ATHAR MINALLAH AND AAMER FAROOQ, JJ
Ahmed Awais for Appellant. Habib Ahmed Bhatti for
Respondent.
I.C.A. No. 16 of 2015, decided on 31st March, 2015.
ATHAR MINALLAH AND AAMER FAROOQ, JJ
Ahmed Awais for Appellant. Habib Ahmed Bhatti for
Respondent.
EHSAN ULLAH QURESHI
VS
UNITED BANK LIMITED
Law:
Section:
(a) Words and phrases--- ----"Mutatis mutandis"---Meaning---All necessary changes, or all necessary changes having been made. Black's Law Dictionary 19th Edition rel. (b) Interpretation of statutes--- ----Legislation by reference--- Meaning, object and scope---Independence of provisions--- Interpretation of Legislation by reference---Any Legislation whereby certain provisions of a section in a statute were incorporated into another; was generally known as Legislation by reference---Effect of such incorporation by reference to a provision of a statute was as if a new statute/provision(s) had come into force containing those provisions subject to such modification and alteration, if any, as made by or indicated in adopting statute---Where Legislation was by reference, and specific provisions from an Act or section(s) were incorporated into another provision , such provisions would operate as if they had been specifically been penned in the referring section or provision, meaning thereby that they operated independently from the Act or section from which they had been taken---Where there was specific legislation by reference; any amendment or repeal of the borrowed statute/provision did not affect the provisions/statute in which the same were incorporated. 1985 SCMR 70; AIR 2002 SC 3499; Aamir Raza Ashfaq v. Minhaj Ahmed Khan 2012 SCMR 6 and ZTBL v. Said Rehman 2013 SCMR 642 rel. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 19(5) & 15---Execution of decree of Banking Court---Sale of mortgaged property---Interpretation of S. 19(5) of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Striking down of S.15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Effect on S. 19(5) of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Question before the High Court was whether S.19(5) was fully applicable even after S. 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 had been struck down by the Supreme Court and declared ultra vires of the Constitution in the case titled National Bank of Pakistan v. Saif Textile Mills [PLD 2014 SC 283]---Held, that the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492