| Case ID |
007d637d-a4a8-46a1-8868-db8d6711c456 |
| Body |
View case body. Login to View |
| Case Number |
Civil Original No. 20 of 1991 |
| Decision Date |
Feb 19, 1994 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the petition for winding up of the respondent company was not maintainable in this court due to the lack of ordinary original civil jurisdiction. The court emphasized that the 'Court' referred to in section 53(1) of the Insurance Act is either the principal Civil Court of original jurisdiction in a district or a High Court with ordinary original civil jurisdiction. Since the Lahore High Court did not possess such jurisdiction, the petition was directed to be returned to the petitioner for presentation before the District Court of Lahore, which has the necessary jurisdiction to entertain the application for winding up of the insurance company. |
| Summary |
This case revolves around the winding up of the UNION INSURANCE COMPANY OF PAKISTAN LIMITED under the Insurance Act (IV of 1938) and the Companies Ordinance (XLVII of 1984). The Lahore High Court evaluated its jurisdiction to entertain the application for winding up, ultimately concluding that it lacked ordinary original civil jurisdiction. The decision highlighted the legal interpretation of the term 'Court' as defined in the Insurance Act and the implications of jurisdictional inconsistencies between the Insurance Act and the Companies Ordinance. This case underscores the importance of understanding the specific jurisdictions of different courts when dealing with matters of company winding up, particularly in the insurance sector. Keywords such as 'Insurance Act', 'Companies Ordinance', 'winding up', 'jurisdiction', and 'Lahore High Court' are critical for SEO optimization and can help in ranking the case in search queries related to legal proceedings on insurance companies. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
ZIA MAHMOOD MIRZA, J
|
| Lawyers |
Rana Abdul Rahim Khan
|
| Petitioners |
Messrs S. GHULAM DASTGIR AND SONS
|
| Respondents |
UNION INSURANCE COMPANY OF PAKISTAN LIMITED
|
| Citations |
1995 SLD 947,
1995 PLD 290
|
| Other Citations |
All India Motor Transport Mutual Insurance Co. Ltd. v. Rapheel George of Bombay Indian Inhabitant AIR 1963 Bom. 7
|
| Laws Involved |
Insurance Act (IV of 1938),
Companies Ordinance (XLVII of 1984)
|
| Sections |
53(1),
2(6),
305
|