| Case ID |
0a8eb878-d927-4444-a33f-5f5d189e972b |
| Body |
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| Case Number |
C.P.L.A. No. 2813 of 2001 |
| Decision Date |
Nov 18, 2002 |
| Hearing Date |
Nov 18, 2002 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Diamond Industries Limited seeking leave to appeal against the judgment of the Peshawar High Court. The Court found that the orders passed under Section 10(2) of the Companies Ordinance, 1984, are appealable before a Division Bench of the High Court, and since the impugned order was interlocutory in nature, the appeal to the Supreme Court was deemed not competent. The petition was therefore dismissed, and leave was refused. |
| Summary |
In the case of Diamond Industries Limited versus M. Zafar-ul-Haq Hijazi and others, the Supreme Court of Pakistan addressed the appeal concerning the Companies Ordinance, 1984. The case revolved around the dismissal of the petitioner's earlier appeal by the Peshawar High Court. The Supreme Court emphasized the procedural aspects of appeals related to interlocutory orders under the Companies Ordinance. The Court ruled that such orders are appealable only before a Division Bench of the High Court, thus reinforcing the jurisdictional boundaries established by law. This case highlights the importance of adhering to procedural requirements in corporate law and the implications of interlocutory decisions in the appellate framework. Legal practitioners must be aware of these nuances to effectively navigate the judicial process, particularly in corporate disputes. The ruling serves as a precedent for future cases involving similar legal principles, emphasizing the need for clarity in the appeals process within corporate governance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Farooq,
Syed Deedar Hussain Shah,
Abdul Hameed Dogar
|
| Lawyers |
Mr. Irfan Qadir, ASC for Petitioner,
Mr. M. Hamid Farooq Durrani, ASC instructed by Ch, Akhtar Ali, AOR for Respondents
|
| Petitioners |
Diamond Industries Limited
|
| Respondents |
2 others,
M. Zafar-ul-Haq Hijazi
|
| Citations |
2004 SLD 3121,
2004 PLJ 83
|
| Other Citations |
PLD 1996 SC 543
|
| Laws Involved |
Companies Ordinance, 1984,
Civil Procedure Code (V of 1908)
|
| Sections |
10(2),
15
|