PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD KARIM vs UNITED BANK LIMITED Ss — 2021 CLD 1396 PESHAWAR-HIGH-COURT

Case information

Citation
2021 CLD 1396 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
CLD
Parties
MUHAMMAD KARIM vs UNITED BANK LIMITED Ss
Subject matter
Criminal
Provisions referred to
S. 10

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD KARIM VS UNITED BANK LIMITED Ss. 10, 9, & 22---Procedure of Banking Court--- Suit for recovery---Application for leave to defend, adjudication of---Substantial questions of law and fact---Scope---Defendants impugned order of Banking Court whereby their application for leave to defend were rejected---Contention of defendants', inter alia, was that substantial questions regarding factum of death of one of the defendants, and forged signatures on mortgage deed, were raised in said applications, which ought to have been adjudicated upon---Validity---Contention regarding death of a defendant was not tenable as no death certificate or other document had been brought on record by defendants to confirm factum of such death of defendant---Registered mortgage deed had been duly executed and objection of defendants denying signatures on the same were perfunctory in nature and did not lead to substantial questions of law and fact in terms of S. 10(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Impugned order was therefore rightly passed by Banking Court---Appeal was dismissed, in circumstances.

Other judgments reported in 2021 CLD

Back to the case-law library · Search Pakistani case law in Urdu or English