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Altan Azmat vs. Habib Bank Limited

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Altan Azmat vs. Habib Bank Limited

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Continuing in the series of precedent setting judgments received by our lawyers, the Lahore High Court gave a comprehensive judgment in the matter of Altan Azmat vs. Habib Bank Limited (reported as 2014 CLD 1636), in favour of our client. The appeal was argued by our Principal Attorney, in which the Court has determined the accumulative effect of Sections 2(c), 2(d), 2(f) & 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001.

It has been held that a Court or Tribunal established under a special law was a court of limited jurisdiction and all the jurisdictional facts must exist before invoking the jurisdiction of a special court or a tribunal. If any of the jurisdictional facts are missing, the assumption of jurisdiction by special court would amount to defective or excessive exercise of jurisdiction.

The Court has expressed its view in this judgment that a decree for declaration to the effect that a person be declared a benami owner cannot be passed by the Banking Court established under Section 5 of the Financial Institutions (Recovery of Finances) Ordinance, 2001.

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