| Case ID |
2a3e4a2b-6716-4862-a86c-5ebd1487229f |
| Body |
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| Case Number |
H.C.A. No. 116 of 2020 |
| Decision Date |
Nov 05, 2020 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the appellant-plaintiff, Shahzad Noor Muhammad, setting aside the order of co-option made by the Karachi Gymkhana. The Court held that the rejection of the plaint by the Single Judge was not valid, as the plaintiff was neither disqualified by the General Body nor could his suspension be construed as a vacancy that warranted co-option. The Court emphasized that the club's authorities must act fairly and justly and cannot make arbitrary decisions that violate the rights of its members. The Division Bench restored the suit and allowed the intra-court appeal, reinforcing the need for adherence to the club's rules and maintaining a harmonious environment among its members. |
| Summary |
This case revolves around the Karachi Gymkhana's rules and the legal implications of membership suspension and co-option. The court addressed the legality of the club's actions in rejecting the plaint based on the Civil Procedure Code and the Law Reforms Ordinance. The decision highlights the importance of fair play and adherence to established rules within organizations. It underscores the necessity for clubs to act in the best interest of all members, not just the individuals in authority. The ruling serves as a precedent for similar cases involving club governance and member rights, emphasizing the judicial system's role in safeguarding these rights. With keywords such as 'Karachi Gymkhana', 'membership rights', 'Civil Procedure Code', and 'law reforms', this summary provides insight into the legal landscape surrounding club governance and member participation. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Gymkhana
|
| Judges |
IRFAN SAADAT KHAN,
MUHAMMAD FAISAL KAMAL ALAM
|
| Lawyers |
Salman Hamid for Appellant,
Khawaja Shams-ul-Islam and Imran Taj for Respondents Nos. 1-9
|
| Petitioners |
SHAHZAD NOOR MUHAMMAD
|
| Respondents |
KARACHI GYMKHANA AND 8 OTHERS
|
| Citations |
2021 SLD 1729 = 2021 YLR 1963
|
| Other Citations |
Iqbal Umer and others v. Karachi Gymkhana, through Secretary 2017 CLC Note 173 p. 192,
Karachi Gymkhana and others v. Usman Ahmed Ansari and others 2020 MLD 1073,
Mirza Bashir Ahmed and another v. Habib and 6 others 2006 MLD 148,
Principal, King Edward Medical College, Lahore v. Ghulam Mustafa and others 1983 SCMR 196,
Major (Retd.) Ahmed Nadeem Sadal and 3 others v. Federation of Pakistan through Secretary Sport, Islamabad and 3 others 2015 CLC 34,
Muhammad Yousuf and others v. Government of Sindh and others 2017 CLC Note 159, p.177
|
| Laws Involved |
Civil Procedure Code (Amendment) Ordinance, 1980,
Law Reforms Ordinance, 1972
|
| Sections |
10,
11,
3
|