Law: Banking Tribunals Ordinance, 1984

Section: 10 , 9

Law: Civil Procedure Code (V of 1908)

Section:

Banking Tribunals Ordinance (LVIH of 1984)--- ----S. 10---Bar of jurisdiction of Criminal and Civil Courts---Extent---Provision of S.10,. Banking Tribunals Ordinance, 1984 bars jurisdiction of criminal Court to deal with trial of scheduled offence exclusively triable by Special Court; however, jurisdiction of Civil Court having ultimate and plenary powers' to determine title and ownership in respect of shares of public limited company in exercise of its general jurisdiction, was not barred---To constitute bar of jurisdiction by intendment, same must be strong enough to divest Court of ultimate jurisdiction to determine issue before. it. Banking Tribunals Ordinance (LVIII of 1984)--- ----Ss. 9 & 10---Specific Relief Act (I of 1877), S.42---Suit for declaration and possession---Maintainability---Incidental order passed by Banking Tribunal---No remedy of appeal having been provided against incidental order, remedy of revision, even if available, was too limited and same was always discretionary with High Court to admit such revision---Availability of remedy by way of revision, however, would not in any way bar maintainability of suit for declaration and injunction. Zahoor Illahi v. The State PLD 1977 SC 273 and Allied Bank of Pakistan Limited v. Khalid Farooq 1991 SCMR 599 ref. Civil Procedure Code (V of 1908)-- ----S. 9---Ouster of jurisdiction---Essentials---Express words or clear intendment or necessary implication were required to take away jurisdiction of High Court or any other superior Court.---[Jurisdiction]. Secretary of State v. Lown Karan AIR 1920 Pat. 182; Wasappa Timappa Sonagar v. Secretary of State AIR 1915 Bom. 227 and Kishnamoni Dasi v. Baser Mondal AIR 1963 Cal. 225 ref. Civil Procedure Code (V of 1908)--- ----0. VII, R.11---Rejection of plaint---Essential requirements stated. A plaint can only be rejected when the facts stated and pleaded in a plaint tend to show to the satisfaction of the Court that the relief claimed is barred by law or it does not disclose a cause of action. For deciding the fate of a suit before reaching the stage of trial, it is of utmost importance to keep in mind that the contents of a plaint are deemed to be…