Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2(1),2

Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2(1),2

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Banking Companies Ordinance, 1962

Section: 25

(a) Banker and Customer--- ---Disputes between the customer and the Bank, settlement of---Statutory law covering all the disputes between the customer and the Bank, both Civil and Criminal, surveyed. (b) Exit from Pakistan (Control) Ordinance (XL VI of 1981)--- ---S. 2---Power to prohibit exit from Pakistan---"Public interest"---True spirit of the words "public interest" used in S.2 of the Exit front Pakistan (Control) Ordinance, 1981, expounded. (c) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2---State Bank of Pakistan Circular No.BSD(RU-51)/47/ECL/17913/2001, dated 7-12-2001---State Bank of Pakistan Circular No.BSD(RU-51)ECL/47/20162/2000, dated 5-12-2000---Constitution of Pakistan (1973), Art.199---Constitutional petition---Respondent-Bank through State Bank of Pakistan had succeeded to place the name of the petitioner in Exit Control List---Validity---Direction of State Bank of Pakistan to Banks, one of the parties to contract, to declare the customer defaulter and put his name on ECL was discriminatory---On a simple request of the lending Bank, not backed by any Court order, State Bank of Pakistan had no authority to forward the said request to the Federal Government for placing the name of the Customer on ECL---Likewise, Federal Government had also to apply its own mind before taking any action against the customer of the Bank---Guidelines and circulars issued by State Bank of Pakistan, specially Circular Nos.BSD (RU-51)/47/ECL/ 17913/2001, dated 7-12-2001 and BSD(RU-51)ECL/47/20162/2000, dated 5-12-2000, were subject to the orders of the competent Court of law---Perusal of the said two Notifications showed that State Bank of Pakistan had wrongly authorized the Banks to themselves decide that the Customer was a defaulter without hearing him---Intention of the framer of the instructions/circulars that in his assessment the agreement between the customer and the Bank had no legal value and that the Bank was always right, was not the intention of any law and he had not realized that Pakistan was a democratic country where the Constitution was supreme and every one had to act in accordance with law---Framer of the said Notifications had…

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