Law:

Section:

(a) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)-------Preamble---Banking Tribunals Ordinance (LVIII of 1984), Preamble---If the provisions of two different enactments were in clash with each other and could not be reconciled, then the later in date shall prevail---Banking Tribunals Ordinance, 1984 came into force later than tablishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, therefore, provisions of Banking Tribunals Ordinance, 1984 shall prevail.--[Interpretation of statutes (b) Banking Tribunals Ordinance (LVHI of 1984)--- ----Preamble---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983), Preamble---Special law and general law, overriding effect of­--Banking Tribunals Ordinance, 1984 was a special law on the subject and Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 was a general law---Banking Tribunals Ordinance, 1984 being special law, held, would have overriding effect on Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983.---[Interpretation of statutes]. [p. 1815] B (e) Constitution of Pakistan (1973)--- ----Art. 199---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983), Arts.29 & 37---Banking Tribunals Ordinance (LVIII of 1984), S.9---Constitutional petition---Petitioner obtained loan from Bank for starting business---Bank issued notice for recovery of loan to petitioner--­Petitioner challenged that notice before Ombudsman---Bank in the meanwhile filed suit for recovery of loan before Banking Tribunal---Proceedings before both forums started simultaneously---Ombudsman allowed rescheduling of loan in instalments but Banking Tribunal decreed suit for recovery of total advanced loan---Petitioner filed Constitutional petition challenging decree of Tribunal contending that order of Ombudsman was binding on Tribunal under Art.29 read with Art.37 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 and barred jurisdiction of Court or other Authority and overrode all other laws---Held, bar contained in Art.29 of the Order operated only if validity of any action taken or to be taken under said Order…

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