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JUBILEE LIFE INSURANCE COMPANY LTD vs FEDERAL INVESTIGATION AGENCY (FIA) through Director General, Islamabad Ss — 2025 CLD 549 PESHAWAR-HIGH-COURT

Case information

Citation
2025 CLD 549 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
CLD
Parties
JUBILEE LIFE INSURANCE COMPANY LTD vs FEDERAL INVESTIGATION AGENCY (FIA) through Director General, Islamabad Ss
Subject matter
Constitutional
Provisions referred to
S. 20---D; Pakistan Act (XLII of 1997); Insurance 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

JUBILEE LIFE INSURANCE COMPANY LTD VS FEDERAL INVESTIGATION AGENCY (FIA) through Director General, Islamabad Ss. 121, 122, 124 & 156---Federal Investigation Agency (Inquiries and Investigations) Rules, 2002, R. 5---Securities and Exchange Commission of Pakistan Act (XLII of 1997), S. 20---Dispute between insurance company and insured persons---Inquiry and Investigation---Whether Federal Investigation Agency had jurisdiction in the matter---Petitioner/Insurance company assailed initiation of inquiry proceedings by Federal Investigation Agency ('FIA') on the complaints of respondents/insured persons, pertaining to dispute over insurance amount---Validity---Besides having numerous other functions, Securities and Exchange Commission of Pakistan is also a regulator of business of insurance companies---Securities and Exchange Commission of Pakistan had taken up the case of respondents/insured persons with petitioner/company and proceedings for settlement between the parties were in progress while respondents/insured persons were not agreeing to amount which were released to them---If there was any genuine dispute between parties it could be resolved before forums provided under Insurance Ordinance, 2000---Such dispute could not be made a base for proceedings under penal criminal laws---Provisions of Insurance Ordinance, 2000 are special law which has to prevail over general law---Special mechanism has been provided for dealing with offences for contravention of Insurance Ordinance, 2000---High Court quashed inquiry proceedings initiated by FIA as the same was uncalled for and without lawful authority---Constitutional petition was allowed, in circumstances.

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