Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 58(f)---Equitable mortgage, creation of---Essentials---For creation of equitable mortgage by way of deposit of title deeds, law does not require it essential that said deposit should be accompanied by some documents evidencing the creation of equitable mortgage. (b) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ----S. 2---Constitution of Pakistan (1973), Art. 199---Orders passed by Special Banking Court---Constitutional petition---Competence---Where petitioner was aggrieved by an order passed by Special Court (Banking) provisions of appeal under Banking Companies (Recovery of Loans) Ordinance, 1979 were available to him and same having not been availed of, he was estopped from challenging said orders including preliminary and final decrees in Constitutional petition. (c) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)-- ----S. 2---Civil Procedure Code (V of 1908), OXXXVII, R. 3---Constitution of Pakistan (1973), Art. 199---Suit for recovery of loan in summary jurisdiction--­Conditional order for leave to appear and defend suit---Petitioner, if felt aggrieved by such conditional order, could have challenged the same in. appropriate proceedings---Petitioner having not challenged said order in appropriate proceedings could not challenge vires of said order in Constitutional jurisdiction. (d) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ----S. 2---Constitution of Pakistan (1973), Art. 199---Special Banking Court--­Question of lack of jurisdiction ---Such question not raised by petitioner before appropriate forum---Petitioner having several opportunities to challenge impugned orders as well as preliminary and final decrees passed by Special Court (Banking) failed to avail them---Petitioner was estopped to raise question of jurisdiction in Constitutional jurisdiction in circumstances. Sheikh Abdul Aziz for Petitioner. Abdul Haleem Pirzada, A.-G., Sindh (on Notice). Syed Iqbal Ahmed for Respondent No. 2. Date of hearing: 8th December, 1993. ORDER NASIR ASLAM ZAHID, CJ.-Respondent 2 (hereinafter referred to as the Bank) filed a suit in 1985 in the Special Court of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492