Case Details

Citation(s)
2006 SLG 559 2006 SLD 559 2006 PLD 443
Lahore High Court
Writ Petitions Nos. 22803, 22801 and 22802 of 1999, heard on 17th April, 2006
MUHAMMAD SAYEED AKHTAR, J
Tariq Masood for Petitioner. Tariq Rahim and Ch. Muhammad Sadiq, Addl. A.G. for
Respondents

DEFENCE HOUSING AUTHORITY, Lahore

VS

SECRETARY TO THE GOVERNMENT OF PUNJAB and others

Law: Cooperative Societies Act, 1925

Section: 54,64A,70,54A,10,16,45,46,50,54(3),57,2( f)

Law: Defence Housing Authority Lahore Order (26 of 2002)

Section: 25(e)

Law: Cooperative Societies Rules, 1927

Section: 32,33

(a) Co-operative Societies Act (VII of 1925)--- ----Ss. 54, 64 & 57---Award---Appeal---Maintainability---No appeal is maintainable against the Award of the Committee of the Arbitrators---Principles. Sh. Rehmatullah v. Secretary to Government of West Pakistan Cooperation Department, Lahore and 3 others PLD 1975 Kar. 12; Muhammad Mehdi v. Government of Sindh and others 1982 CLC 2374; Firdaus Cooperative Housing Society Ltd. v. Secretary, Labour and Cooperative Department, Government of Sindh and 11 others 1987 CLC 1457 and Muhammad Haneef v. Abdul Hakeem and 2 others 1991 CLD 758 fol. Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Messrs Firdous Trading Corporation v. Registrar, Cooperative Societies, Hyderabad Division, Hyderabad and another 1972 SCMR 91; Dr. Fozia Amber v. Government of Punjab and others PLD 2003 Lah. 741; Nazir Ahmad Panhwar v. Government of Sindh through Chief Secretary, Sindh and others 2005 SCMR 1814 and Muhammad Mehdi v. Government of Sindh and others 1982 CLC 2374 ref. (b) Co-operative Societies Act (VII of 1925)--- ----Ss. 64-A, 64, 57 & 54---Constitution of Pakistan (1973), Art.199---Constitutional petition---Contention was that Secretary Co-operatives should have treated the appeal as revision under S.64-A, Co-operative Societies Act, 1925 if the appeal was not maintainable---Such plea having not been raised before the Secretary Co-operatives, could not be raised before the High Court in constitutional petition---Statutory Authority was not bound to convert a proceeding incompetently filed before him so as to bring the same within his competence by having recourse to all the powers that may be available to the said Authority. Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345 rel. (c) Co-operative Societies Act (VII of 1925)--- ----Ss. 54 & 64-A---Provincial Government under S.64-A, Co-operative Societies Act, 1925, can call for and examine the record of any inquiry or the proceedings of an officer subordinate to it for the purpose of satisfying itself as to the legality or propriety of any decision or order passed---Arbitrators giving award under S.54, Co-operative Societies Act,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492