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

Section: 9 & 22

Law: Civil Procedure Code (V of 1908)

Section: 2

(a)    Precedent-------Judgment per incuriam---Principle---Doctrine of per incuriam refers to a judgment of Court which has been decided without reference to, or in ignorance of a statute or an earlier judgment/precedent and/or overall dress up of the scheme of law, which could have been relevant and therefore such ignorance has affected the result of the case---Some of the factors to be considered while contending that a decision is not a binding precedent and should not be followed or be ignored on such principles are summarized hereunder but are not limited:i.    Decision where point in issue is not argued or considered by Court or decision rendered without answer to argument, without reference to crucial words of the rules and without any citation of authority;ii.    Decision where mere direction is issued without laying down any principle of law; andiii.    If a judgment is delivered in ignorance of the "scheme of law" to demonstrate real intent of legislature will also be recited per incuriam.Legislature's real intent should never be left behind or overshadowed by judgment rendered per incuriam---Jurisprudence evolves and unveils through a constant process.Chaudhary Pervez Elahi v. Deputy Speaker, Provincial Assembly of Punjab, Lahore and others PLD 2023 SC 539 rel.(b)    Interpretation of statutes-------Provision or word used in any statute cannot be rendered redundant.Pakistan Television Corporation Limited v. Commissioner Inland Revenue(Legal), LTU Islamabad and others 2017 PTD 1372; Micro Innovations and Technologies (Pvt.) Ltd. v. Federation of Pakistan and 4 others 2023 PTD 742 and Messrs Master Foam (Pvt.) Ltd. and 7 others v. Government of Pakistan through Ministry of Finance and others PLD 2005 SC 373 rel.(c)    Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 22---Civil Procedure Code (V of 1908), S. 2---Appeal---Term "Judgement"--Scope---Term "judgment" only refers to judgment of Banking Court in exercise of criminal jurisdiction---In case of civil jurisdiction appeal is actually against a…

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