| Case ID |
2b689c35-1fb2-4f8b-b855-bd7160459365 |
| Body |
View case body. Login to View |
| Case Number |
Intra-Court Appeal No. 5-L of 1995 |
| Decision Date |
Jun 28, 1995 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled on the jurisdictional matters concerning appeals under the Companies Ordinance, 1984, specifically interpreting Section 10(2). The court concluded that appeals from a Company Judge's decision, where the company had not been wound up, could be brought before a Bench of two or more Judges of the High Court, as the jurisdiction of the Company Judge was considered to be original civil jurisdiction. The court further clarified that the terms 'same manner' and 'same conditions' in Section 10(2) did not refer to the forum of appeal, but rather to the procedural aspects applicable to appeals against orders made in ordinary civil jurisdiction. The decision emphasized the importance of expeditious disposal of company matters and clarified the appellate pathways available under the relevant laws. |
| Summary |
This case revolves around the interpretation of the Companies Ordinance, 1984, specifically the provisions related to Intra-Court Appeals. The Lahore High Court addressed fundamental questions regarding the jurisdiction of the Company Judge and the procedures for appealing their decisions. The ruling emphasized that the language of Section 10(2) allows appeals to a Division Bench of the High Court when the company has not yet been wound up. This interpretation aligns with principles of statutory construction, ensuring that the legislative intent of providing an efficient mechanism for resolving company disputes is upheld. The case references significant precedents and legal principles that guide the interpretation of company law and appellate jurisdiction, making it a crucial reference point for future cases involving similar issues. Keywords such as 'Companies Ordinance', 'Intra-Court Appeal', 'jurisdiction', and 'Lahore High Court' are integral for understanding the legal landscape surrounding corporate law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MIAN ALLAH NAWAZ,
AHMAD SAEED AWAN
|
| Lawyers |
Mian Nisar Ahmad,
Aftab Ahmad Khan,
Parvaiz Ahmad Burki,
Jawad S. Khawaja,
Khalid Salim,
Muhammad Azeem Malik,
Shaheen Ali,
M.S. Baqir,
Masood Javaid
|
| Petitioners |
M.. SUNRISE TEXTILES LIMITED and others
|
| Respondents |
MASHREQ BANK PSC and others
|
| Citations |
1996 SLD 1329 = 1996 PLD 1 = 1996 PTCL 134
|
| Other Citations |
M/s. Industrial Development Bank of Pakistan and 3 others v. M/s. Kamal Enterprises Ltd. PLD 1995 Quetta 41,
East India Cotton Mills Ltd.'s case 1948 52 CWN 534,
Mulk Raj v. Official Liquidator Peoples Bank AIR 1938 Lah. 658,
Abdul Ghafoor v. Registrar, Joint Stock Co., Karachi PLD 1976 Kar. 85,
Shankar Lal v. Shankar Lal AIR 1965 SC 507,
Tata Iron & S. Co. v. C. Revenue 1923 PC 148,
Jyoti Bhushan v. Benaras Bank Ltd. AIR 1962 SC 403,
Muhammad Mumand Malik and others v. Haji Abdul Ghani and others PLD 1967 Kar. 44,
Eastern Company (Pvt.) Ltd. v. Gul Begurn PLD 1980 Lah. 69,
Suraj Mian v. The Pioneer Bank Ltd. PLD 1970 Dacca 648,
M.Y. Siddique v. Bawaqar Company Ltd. PLD 1968 Kar. 231,
Ch. Jamil Ahmad v. Nippon Robbin'Company Pakistan Ltd. PLD 1991 Lah. 467,
Muhammad Din & Sons Pvt. Ltd. v. Allied Bank of Pakistan 1993 SMCR 80,
Ittifaq Sugar Mills Ltd. v. Mian Miraj Din and 22 others PLD 1995 SC 320,
In re: East India Cotton Mills Ltd. AIR 1949 Cal. 69,
Munawar Ahmad v. Official Liquidator PLD 1980 Lah. 86,
Mehboob Industries Ltd. v. P.I.C. & I.C. Ltd. 1988 CLC 866
|
| Laws Involved |
Companies Ordinance, 1984,
Law Reforms Ordinance, 1972
|
| Sections |
10(2),
7,
9,
3
|