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KAMRAN ELAHI versus JUDGE BANKING COURT


Article 9, 19 and 22 Civil Procedure Code (v. 1908), Sections 551 and AXXI, R37 Constitution of Pakistan (1973), Article 199 Constitutional Application At the very beginning of the issuance of arrest warrants for judgment by the banking court An earlier order was served without any notice and without any inquiry so as to speed up the arrest under the section 51 and OXXI, R 40, CPC ground, so that the decision was obliged at any time. Can leave the country. Regarding accuracy, the order of issuance of arrest warrants was illegal unless it was satisfied that before the inquiry, the conditions of the arrest were stated in section 1 in1, CPC Failure to conduct an inquiry was mandated by the Banking Court. The factual material constituted a fatal error in order to persuade his court of mind and order the arrest of the accused for a judgment which corrupted the verdict. The Senate High Court declared the arrest order illegal, with no legal authority and no legal effect, the applicant was instructed to face execution proceedings before the Banking Court, which declared it unlawful. With regard to the collection of money, the law will strictly proceed. Principle

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