Law: House Building Finance Corporation Act, 1952

Section: 30

Law: Law Reforms Ordinance, 1972

Section: 3

(a) Precedents Authority only for what they decide-Not authority for what seems to follow therefrom. (b) House Building Finance Corporation Act (XVIII of 1952)  S. 30 [as amended by House Building Finance Corporation (Amendment) Ordinance (XXVI of 1973), S. 11] read with Explanation-jurisdiction-Liability of borrower and surety in Karachi District exceeding Rs. 50,000-Jurisdiction to hear application under S. 30- Vests in High Court., The Explanation is precise and confirms jurisdiction of the High Court to hear applications under section 30 of the said Act if the liability of the borrower and his surety exceeds Rs. 50,000. Ocean Industries Ltd. and another v. Industrial Development Bank P L D 1966 S C 738 ; Mst. Faizan v. Pakistan P L D 1970 Kar. 262; Aziz Begum v. Noor Muhammad P L D 1962 Lah. 887 and Khadim Mohyud din and another v. Ch. Rahmat Ali Nagra and others P L D 1965 S C 459 distinguished. Firdous Trading Corporation v. The Japan Cotton & General Trading Company P L D 1961 Kar. 565 ; Fida Hussain v. The State Criminal Miscellaneous Application No. 382 of 1971; Abdul Haq v. Saifur Rahman P L D 1968 Lah. 478 and Moosa Oomer & Company Ltd. v. Messrs Haji: E. Dossa & Sons and another P L D 1971 Kar. 399 ref. Sh. Mahboob Alam v. Mumtaz Ahmad P L D 1960 Lah. 601 held not. applicable. (c) House Building Finance Corporation Act (XVIII of 1952) S. 30, Explanation read with subsection (10) & S. 6(5) and Law Reforms Ordinance (XII of 1972), S. 3-Appeal to High Court- Sub section (10) of S. 30-Cannot be read as providing an appeal from an order made by a Single Judge of High Court to Division Bench- Intra Court appeals-Governed by Law Reforms Ordinance, 1972 and not by S. 30(10). Subsection (10) of section 30 of the House Building Finance Corporation Act, 1952 provides that an order made under _ subsection (5) of section 6 is appealable to the High Court. ,By reason of the explanation added by Act VIII of 1974 such an order may as well be of the High Court itself if the sum involved exceeded Rs. 50,000 in its application to the Karachi District. Subsection (10) of section\30 cannot, therefore, be read as providing an appeal from an order…