Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 175---Courts or judiciary in Art.175 have been used in a general sense in contradistinction to executive bodies---Courts or judicial forums thus would be all those bodies which perform judicial functions and dispense justice. Article 175 of the Constitution is not a self-executing provision (it lacks the characteristics of self-executing provisions) nor it has defined Courts. It also does not limit the bodies which only can be called Court. Courts or judiciary in Article 175 appear to have been used in a generic sense in contra­distinction to executive bodies, the hierarchy of which culminates, in the case of Federation, in the President; and in case of the Provinces in the Governor. Courts or judicial forums thus would be all those bodies which perform judicial functions and dispense justice. (b) Banking Tribunals Ordinance (LVIII of 1984)--- ----Preamble---Constitution of Pakistan (1973), Art.175---Banking Tribunal constituted under the Ordinance has all the embellishments of a Court. (c) Banking Tribunals Ordinance (LVIII of 1984)--- ----Preamble---Banking Tribunals Ordinance, 1984 and Banking Tribunals were competently legislated and constituted and provisions of the Ordinance did not militate against Fundamental Rights.--[Fundamental Rights]. M/s. Sindh Glass Industries Ltd. v. Pakistan 1989 CLC 524 ref. (d) Constitution of Pakistan (1973)--- ----Arts. 199, 203A & 2036---Contention relating to an enactment being repugnant to Injunctions of Islam cannot be examined in the Constitutional jurisdiction of High Court under Art.199. (e) Transfer of Property Act (IV of 1882)--- ----S. 58(f)---Mortgage of deposit of title deed---If the lender and the borrower agree on the hypothecation of title deeds in respect of a transaction, there will be no repugnancy to Our'an and Sunnah. Unreported Judgment of Lahore High Court, dated 5-5-1988 quoted. (f) Banking Tribunals Ordinance (XVIII of 1984)--- ----Ss. 10 & 5(3)---Constitution of Pakistan (1973), Art.199---Jurisdiction of High Court in all matters which come within the purview of the Banking Tribunals Ordinance, 1984 is ousted.--[Jurisdiction]. A cumulative…

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