Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)

Citation Name : 2019 CLD 318 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUSHTAQ AHMED
Side Opponent : JUDGE, BANKING OFFENCES COURT NO.2, LAHORE
Ss. 9 & 20---Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), Ss. 4 & 5---Offences triable under Offences in Respect of Banks (Special Courts) Ordinance, 1984---Jurisdiction of Banking Court---Offence of preparing fraudulent land record documents for obtaining finance facility---Question before the High Court was whether offence of preparing a forged "fard" for obtaining a finance facility/loan from a Financial Institution/Bank, fell within the exclusive jurisdiction of Financial Institutions (Recovery of Finances) Ordinance, 2001, or could the same be tried under provisions of Offences in Respect of Banks (Special Courts) Ordinance, 1984---Held, that in the present case, allegations of making ABETMENT had also been made against Bank Manger and Revenue Officials, which were examined by the Special Court under Offences in Respect of Banks (Special Courts) Ordinance, 1984 and the same ordered the accused to stand trial for said offences---Suit filed before Banking Court under Financial Institutions (Recovery of Finances) Ordinance, 2001 was different in nature as the issue in the same was default by petitioner/customer and recovery of the same---Complaints before the Special Court, in the present case, were against different parties on different grounds which could not be tried by the Banking Court since it could only try matters covered in S. 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Offences which fell under purview of Financial Institutions (Recovery of Finances) Ordinance, 2001 were to be tried by Banking Court while other offences not covered by the said Ordinance would be triable under Offences in Respect of Banks (Special Courts) Ordinance, 1984---High Court observed that S. 20 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 did not cover allegations made in the present case which fell squarely within jurisdiction of Ss. 4 & 5 of the Offences in Respect of Banks (Special Courts) Ordinance, 1984---Constitutional petition was dismissed, in circumstances.

Citation Name : 2019 YLR 2576 LAHORE-HIGH-COURT-LAHORE
Side Appellant : NOOR AHMAD
Side Opponent : State
Ss. 302(b), 324, 109, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art.22---Qatl-i-amd, attempt to commit qatl-i-amd, ABETMENT , rioting armed with deadly weapon, unlawful assembly---Test identification parade---Scope---In the present case, complainants had also relied upon test identification parade conducted with respect to co-accused---Facts remained that neither the name of said co-accused was mentioned in the written application nor any descriptive features through which he could be identified---Test identification parade had lost its authenticity and evidentiary value, in circumstances.