Law:

Section:

(a) Constitution of Pakistan (1973) Art.199 Constitutional petition Maintainability ¬Issuance of demand notice by the financial institute for the amount of loan advanced Validity Such notice cannot be called in question, through filing of Constitutional petition ¬Petition was not maintainable in circumstances. Shagufta Begum v. The Income Tax Officer, Circle ¬XI, Zone B, Lahore PLD 1989 SC 360 and Mir Nabi Bakhsh Khan Khoso v. Branch Manager, National Bank of Pakistan, Jhatpat (Dera Allah Yar) Branch and 3 others 2000 SCMR 1017 ref. (b) Constitution of Pakistan (1973) -- Art. 199 Constitutional petition Maintainability ¬Contractual liability, enforcement of Petitioner availed financial facility from financial institution and executed agreements/ documents of his own free will Effect ¬Enforcement of such agreements/ documents could not be enforced through filing of Constitutional petition Petition was not maintainable in circumstances. Mumtaz Masud's case 1994 SCMR 2287 ref. (c) Constitution of Pakistan (1973) -- Arts.199 & 203 G Constitutional jurisdiction of High Court Charging of interest (Riba) Past and closed transaction Seeking of declaration of "interest" as un¬ Islamic Validity High Court, in view of Art.203 G of the Constitution had no power or jurisdiction under law to decide the matter. Muhammad Ramzan v. Citibank N. A. 2001 CLC 158 and Dr. Muhammad Aslam Khaki v. Syed Muhammad Hashim and 8 others PLD 2000 SC 225 ref. (d) Financial Institutions (Recovery of Loans) Ordinance (XLVI of 2001) -- S. 9 Constitution of Pakistan (1973), Art. 199 ¬Constitutional petition Maintainability Efficacious and adequate remedy Recovery of loan Charging of Riba (interest) Past and closed transaction Petitioner obtained loan from financial institution and failed to repay the same ¬ Financial institution issued demand notice for the recovery of the same Plea raised by the petitioner was that charging of Riba (interest) in demand notice being un Islamic could not be claimed Petitioner further contended that the Financial Institution had not provided statement of accounts as he had already paid the principal amount Validity ¬Although the interest/Riba was un Islamic yet…

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