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FFCL MANAGEMENT STAFF PENSION FUND TRUST vs PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD Ss — 2022 CLD 1540 ISLAMABAD

Case information

Citation
2022 CLD 1540 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
CLD
Parties
FFCL MANAGEMENT STAFF PENSION FUND TRUST vs PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD Ss
Subject matter
Constitutional
Provisions referred to
S. 82; Banking Companies Ordinance

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

FFCL MANAGEMENT STAFF PENSION FUND TRUST VS PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD Ss. 82, 82-a & 82-B---Constitution of Pakistan, art. 199---Constitutional petition---Mal-administration---Fraud committed by bank manager---Petitioner company was aggrieved of non-payment of interest on its investment---Banking Mohtasib decided the matter in favour of petitioner company and directed the Bank to make payment in question---appellate authority set aside order passed by Banking Mohtasib---Validity---Fraud was committed involving branch manager of the Bank along with others---Manager was a representative/agent of the Bank and his actions/inactions had made Bank vicariously liable for such actions/inactions---High Court set aside order passed by appellate authority as facts and matter on the basis of S. 82 of Banking Companies Ordinance, 1962, were not clearly examined including jurisdiction/power of Banking Mohtasib to give directions---High Court remanded the matter to appellate authority to re-examine the matter--- Constitutional petition was allowed accordingly.

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