Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 2(a),2(c)

(a) Civil Procedure Code (V of 1908)--- ----S. 9---Section 9 of Civil Procedure Code, 1908, applicability of---Scope---Where special statutes regulating the civil rights of citizens were silent on some matter the Civil Procedure Code, 1908 would apply and fill the lacunae/vacuum---Civil Procedure Code, 1908, in such regard would apply to all Courts whether of plenary or restricted jurisdiction. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 2(a)---"Financial institution"---Scope and meaning---Meaning of "financial institution" under S. 2(a) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 included financial institutions incorporated in Pakistan, which transacted business both inside and outside Pakistan. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 2(c)---Banking Court, jurisdiction of---Scope---Foreign branch of a financial institution incorporated in Pakistan providing finance facility to a customer outside Pakistan---Jurisdiction of the Banking Court extended to such finance facility availed by customer within or outside Pakistan---Fact that the Courts at a foreign country may also have jurisdiction over the parties was not a valid reason to deny the jurisdiction of the Banking Courts in Pakistan---Supreme Court observed that no situation should or ought to be created where citizens of the country availed finance(s) abroad and retreated to the country safe in the knowledge that there was no effective redress against them; that comity amongst nations required that the country do its best to ensure that there was effective redressal and recovery of finances and loans from the defaulting customers of financial institutions. (d) Interpretation of statutes--- ----Amending statute---Court must make every effort to interpret the law in such a manner as to render amendments effective rather than nugatory. Dr. Raja Aamer Zaman v. Omar Ayub Khan and others 2015 SCMR 1303 ref. (e) Special court--- ----Jurisdiction of---Principles---Factors to be considered by a special court before the assumption of jurisdiction were firstly, whether it had jurisdiction over the subject…

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