| Case ID |
f6be8dda-57c3-44f7-98d4-174b36caa202 |
| Body |
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| Case Number |
Civil Appeal No. 59-D of 1963 |
| Decision Date |
Jan 13, 1965 |
| Hearing Date |
Mar 04, 1964 |
| Decision |
The Supreme Court dismissed the appeal challenging the validity of the election of the new Board of Directors of Chittaranjan Cotton Mills Ltd. The court held that the actions taken under Martial Law Order No. 104 were valid, as they were completed long before the Constitution of Pakistan (1962) came into force. The court affirmed that the Zonal Martial Law Administrator possessed the authority to issue orders and that the decisions made under such orders were protected, particularly as they aimed to prevent mismanagement of a vital industry. The court emphasized that the appellant's challenge was unfounded, as he failed to demonstrate any legal standing or entitlement to the relief sought, ultimately refusing the writ petition. |
| Summary |
This case revolves around the Supreme Court of Pakistan's decision on Civil Appeal No. 59-D of 1963, where the appellant, AZIZUR RAHMAN CHOWDHURY, challenged the legitimacy of the newly elected Board of Directors of Chittaranjan Cotton Mills Ltd. The crux of the case involved the interpretation and application of Martial Law Order No. 104, which was enacted to manage the affairs of the company amid allegations of mismanagement and breach of foreign exchange regulations. The ruling underscored the authority of the Zonal Martial Law Administrator to issue regulations and orders that were protected under the interim legal framework that existed prior to the promulgation of the current Constitution. The case illustrates the complexities of corporate governance under martial law and the legal protections afforded to actions taken during such extraordinary circumstances. Legal practitioners and scholars can glean insights into the balance between state authority and corporate rights, particularly during periods of political upheaval. This case is significant for understanding the legal landscape of Pakistan during the transitional period of the 1960s. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Chittaranjan Cotton Mills Limited,
East Pakistan Government
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLEAKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Asrarul Hossain Senior Advocate Supreme Court,
K. A. Bakr Advocate Supreme Court,
HaqRab & Co. Attorneys for Appellant,
A. K. Brohi Senior Advocate Supreme Court,
S. M. Hussain Advocate Supreme Court,
M. J. Jaffar Advocate Supreme Court,
S. A. Hasib Attorney Nos. 1 to 5,
Maksumul Hakim Advocate General East Pakistan,
K. M. Subhan Advocate Supreme Court,
A.W. Mallik Attorney No. 6
|
| Petitioners |
AZIZUR RAHMAN CHOWDHURY
|
| Respondents |
THE PROVINCE OF EAST PAKISTAN,
M. NASIRUDDIN,
A. K. M. EHSAN,
RAUSHAN ALI,
RASHID AHMAD,
A. M. SANAUL HUQ, DIRECTORS, CHITTARANJAN COTTON MILLS LTD.
|
| Citations |
1965 SLD 75,
1965 PLD 236
|
| Other Citations |
Muhammad Afzal v. Commissioner, Lahore Division and another P L D 1963 S C 401,
Muhammad Ayub Khuro v. Pakistan P L D 1960 S C 237
|
| Laws Involved |
Constitution of Pakistan, 1962
|
| Sections |
98,
250,
225(3)
|