| Citation(s) |
|---|
| 2018 SLG 1923 2018 SLD 1923 2018 CLD 1152 |
W.P. No. 2700 of 2017, decided on 13-04-2018. Hearing Date : 10-01-2018.
Syed Ali Zafar and Hafiz M. Kashif for Petitioners. Hasnain Sikandar, Syed Najam ul Hassan and Abdul Rashid Marwat for
Respondents. Saleem Akhtar, Senior Legal Advisor Banking Mohtasib Pakistan.
HABIB BANK LIMITED THROUGH LITIGATION OFFICER
VS
FEDERATION OF PAKISTAN THROUGH PRESIDENT SECRETARIAT ISLAMABAD AND 2 OTHERS
Law:
Section:
(a) Banking Companies Ordinance (LVII of 1962)--- ----Ss. 82-A & 82-B---Banking Mohtasib---Jurisdiction---Violations of Regulations or Guidelines issued by the State Bank of Pakistan and all forms of mal-administration falls within the ambit of jurisdiction of Banking Mohtasib---Banking Mohtasib is explicitly empowered to entertain and decide complaints relating to failure on the part of financial institution to act in accordance with Policy Directives or Guidelines issued by the State Bank of Pakistan---Additional grounds are available to Banking Mohtasib to entertain complaints in case of financial institutions established in public sector and the same have been described under S. 82-B of Banking Companies Ordinance, 1962. (b) Interpretation of statutes--- ----Repeal---Actual or implied---Effect---Repeal of an existing law may be amended through express intendment or it may be implied from a statute enacted later in time and which contains provisions that are contrary to those of an earlier Act of Parliament---Necessary conditions for implied repeal of an earlier statute or provision by a later statute are that, firstly the two statutes cannot stand and coexist together, secondly if they stand side by side the same may lead to absurd consequences and thirdly when the entire subject matter of earlier statute of a provision thereof is taken away by later statute---Provisions of later statute must be so inconsistent with or repugnant to those of an earlier enactment that the two would not stand together and only then would the earlier one be deemed to have been impliedly repealed by the later in point of time---New enactment has to be irreconcilably inconsistent with the earlier legislation so that the former is demonstrably seen having been terminated. Saiyyid Abul A'La MauDoodi and others v. The Government of the West Pakistan and others PLD 1964 SC 673; Messrs Tank Steel and Re-Rolling Mills (Pvt.) Ltd. Dera Ismail Khan and others v. Federation of Pakistan and others PLD 1996 SC 77; Maj. Mehtab Khan v. The Rehabilitation Authority and another PLD 1973 SC 451; Mumtaz Ali Khan Rajban and another v. Federation of Pakistan and others PLD 2001 SC 169 and…
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