| Case ID |
2c6bcb04-57b8-4037-9310-1765ecdc9280 |
| Body |
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| Case Number |
High Court Appeal No. 15 of 2012 |
| Decision Date |
Aug 02, 2018 |
| Hearing Date |
May 09, 2018 |
| Decision |
The High Court Appeal was dismissed as not maintainable. It was determined that an appeal against an acquittal rendered by a High Court exercising original criminal jurisdiction under the Companies Ordinance, 1984 cannot be made under section 15 of the Code of Civil Procedure (Amendment) Ordinance, 1980, as it is not applicable to criminal matters. The court clarified that the appropriate legal framework for appeals in such cases is governed by section 481 of the Companies Ordinance, which precludes an appeal against an acquittal order passed by a learned Single Judge of the High Court. Thus, the court concluded that the decision of acquittal could not be challenged through the High Court under the cited provisions, leading to the dismissal of the appeal. |
| Summary |
This case revolves around the maintainability of a High Court appeal concerning an acquittal under the Companies Ordinance, 1984. The Sindh High Court evaluated whether the appeal could be filed under section 15 of the Code of Civil Procedure (Amendment) Ordinance, 1980, but ultimately concluded that this provision does not apply to criminal jurisdiction. The court emphasized that section 481 of the Companies Ordinance specifically addresses appeals in criminal matters, indicating that an appeal against an acquittal cannot be brought before the High Court under the general civil procedure. The ruling highlights the exclusive jurisdiction of the High Court in handling such cases, reinforcing the principle that special laws take precedence over general laws. Keywords relevant to this case include 'High Court appeal', 'Companies Ordinance', 'criminal jurisdiction', 'acquittal', and 'legal framework'. This case serves as a significant reference for future appeals concerning criminal matters under the Companies Ordinance, clarifying procedural boundaries and the application of specific legal provisions. |
| Court |
Sindh High Court
|
| Entities Involved |
Securities and Exchange Commission of Pakistan
|
| Judges |
MUHAMMAD ALI MAZHAR,
AGHA FAISAL
|
| Lawyers |
Khalid Mehmood Siddiqui,
Asghar Kundi,
Munir Ahmed
|
| Petitioners |
Securities and Exchange Commission of Pakistan
|
| Respondents |
ANOTHER,
ADNAN FAISAL
|
| Citations |
2019 SLD 676,
2019 PCRLJ 504
|
| Other Citations |
Abdul Rahim Khan v. The State 1991 MLD 2448,
Brothers Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1995 SC 543,
Syed Ali Nawaz Gardezi v. Lt. Col. Muhammad Yusuf Khan PLD 1952 SC 455,
The State v. Abdul Samad and another PLD 1984 Quetta 72,
Gulistan Textile Mills and another v. Soneri Bank Limited and another 2018 CLD 203
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Companies Ordinance, 1984,
Code of Civil Procedure (Amendment) Ordinance (X of 1980)
|
| Sections |
411A,
481,
15
|