Law: Companies Ordinance, 1984

Section: 4

(a) Land Acquisition Act (I of 1894)---S. 4---Acquisition of land---Compensation, non-payment of---Effect---While acquiring land under Land Acquisition Act, 1894, alternate land or compensation should be paid to land owners, without which acquisition of land is not legal. (b) Co-operative Societies Act (VII of 1925)--Ss. 4, 15, 15-A, 67 & 68---Companies Ordinance (XLVII of 1984), S.4(ii)---Constitution of Pakistan, Art. 199---Constitutional petition---Merger/amalgamation of co-operative society with company---Admissibility---Dispute was with regard to merger of co-operative society with private limited company---Plea raised by respondents was that Provincial Government had granted exemption under S. 67 of Co-operative Societies Act, 1925---Validity---Housing society and a company were two different entities which should function under their respective supervisory control of Registrar of Co-operative Society and Security and Exchange Commission of Pakistan respectively--- Provisions of Co-operative Societies Act, 1925 and Companies Ordinance, 1984, were not applicable to each other---When housing society and a company could not merge under law and intention of legislature to run both entities separately under separate supervisory control of the Registrar and Security and Exchange Commission of Pakistan, exemption for merger could not be allowed---Exemption under S.67 of Co-operative Societies Act, 1925, could only be granted from any of the provisions of Co-operative Societies Act, 1925, but notification in question did not speak about which provision, the exemption had been awarded, as such the exemption awarded was not in accordance with law--- High Court in exercise of Constitutional jurisdiction, declared that the notification had no consequence and merger/amalgamation was illegal and the same was set aside---Petition was allowed in circumstances. (c) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Maintainability---Fraud---Scope---When all facts available on record proved about commission of fraud with petitioners, depriving them from their lawful rights, then there was no need to record evidence---Such matter could be decided by…

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