| Case ID |
1667777f-921b-452b-a5db-f4c1f86c8ef5 |
| Body |
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| Case Number |
Civil Appeal No.257-L of 2013 |
| Decision Date |
Jan 21, 2014 |
| Hearing Date |
Jan 21, 2014 |
| Decision |
The Supreme Court dismissed the appeal filed by the Punjab Cooperative Board of Liquidation. The Court held that the Cooperatives Judge had no jurisdiction to annul the auction conducted by the Board, as the auction had been lawfully accepted and the Board had not cancelled it. It was determined that the Cooperatives Judge could not exercise an open-ended jurisdiction to set aside the Board's decisions. The Court directed the respondent to pay the remaining balance of the bid amount along with markup, ensuring that the sale deed would be executed in favor of the respondent upon compliance with this order. |
| Summary |
This case revolves around the interpretation of Section 11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993, specifically regarding the powers of the Cooperatives Judge. The Supreme Court of Pakistan ruled that the Cooperatives Judge could only act upon applications from aggrieved persons and could not annul valid decisions made by the Liquidation Board. The case highlights the importance of adhering to legal protocols in cooperative society matters, ensuring that rights acquired through lawful auctions are protected. The decision reinforces the jurisdictional limitations placed on the Cooperatives Judge, thereby maintaining the integrity of the auction process and the rights of successful bidders. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK,
MIAN SAQIB NISAR,
AMIR HANI MUSLIM
|
| Lawyers |
M. Ilyas Khan, Senior Advocate Supreme Court for Appellant,
Mahmood A. Sheikh, Senior Advocate Supreme Court for Respondent
|
| Petitioners |
PUNJAB COOPERATIVE BOARD OF LIQUIDATION through Chairman
|
| Respondents |
MUHAMMAD ILYAS
|
| Citations |
2014 SLD 1499,
2014 PLD 471,
2015 PLJ 91
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993
|
| Sections |
11
|