| Case ID |
171db8ea-80eb-40af-98af-87afc7b9e5e1 |
| Body |
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| Case Number |
Intra-Court Appeal No. 133 of 2008 |
| Decision Date |
May 15, 2008 |
| Hearing Date |
|
| Decision |
The Intra-Court Appeal was dismissed due to the lack of maintainability. The court emphasized that if a remedy in the form of appeal, review, or revision is available under the law, the Intra-Court Appeal cannot be competent against an order of a Single Judge of the High Court. The appellants had an alternate remedy under section 16-A of the Societies Registration Act, 1860, which they failed to utilize before approaching the High Court. Consequently, the dismissal of the appeal was upheld as the petitioners did not exhaust the available legal remedies. |
| Summary |
This case revolves around an Intra-Court Appeal regarding the maintainability of a constitutional petition filed by the petitioners against the management of the Akhbar Farosh Union, a registered body under the Societies Registration Act, 1860. The petitioners argued that the society had failed to file annual returns, held no elections, and mismanaged its assets. The Lahore High Court dismissed the appeal, stating that the petitioners should have availed themselves of the remedies available under the relevant laws before approaching the court. This case highlights the importance of exhausting legal remedies before seeking judicial intervention and reinforces the procedural requirements under the Societies Registration Act and the Law Reforms Ordinance. Key legal principles regarding the maintainability of intra-court appeals and alternative remedies are discussed. This case serves as a critical reference for legal practitioners in understanding the procedural dynamics of appeals in the context of the Societies Registration Act and the role of the High Court in adjudicating such matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR PARACHA,
HAFIZ TARIQ NASIM
|
| Lawyers |
M. AZIZ Qureshi
|
| Petitioners |
Ch. NAZIR AHMAD
|
| Respondents |
6 others,
Moulvi MASOOD-URREHMAN KHAN
|
| Citations |
2008 SLD 521,
2008 PLD 405
|
| Other Citations |
Allah Rakha Chaudhry v. President Officer Vth Sindh Labour Court, Karachi and 2 others 1999 PLC 128,
Deputy Commissioner/Administrator, District Council Attock and another v. Lawrencepur Woollen Textile Mills Ltd. 1999 SCMR 1357,
Syed Arif Raza Rizvi v. Messrs Pakistan International Airlines through Chairman/MD PLD 2001 SC 182
|
| Laws Involved |
Societies Registration Act, 1860,
Civil Procedure Code (V of 1908),
Law Reforms Ordinance, 1972,
Constitution of Pakistan, 1973
|
| Sections |
16A,
102,
3,
199
|