Case Details

Citation(s)
2015 SLG 1933 2015 SLD 1933 2015 PLD 420
Sindh High Court
Judicial Miscellaneous Petition No. 61 of 2013, decided on 3rd February, 2015.
NAZAR AKBAR, J
Muhammad Aslam Butt for Petitioners. Nemo for
Respondents Nos.1. and 3 Jawaid Farooqui for
Respondent No. 2.

SALEEM A. SATTAR and anothers

VS

Messrs ALPHA INSURANCE COMPANY LIMITED and 2 others

Law:

Section:

Trusts Act (II of 1882)--- ----S. 34---Civil Procedure Code (V of 1908), S.2(4)---General Clauses Act (X of 1897), S.3(15)---Right to apply to court for opinion in management of trust property---Principal Civil Court of original Jurisdiction---Status---Petition under S.34 of the Trust Act, 1882 for reconstruction of trust deed---Question before the High Court was whether the Sindh High Court was the Principal Civil Court of Original Jurisdiction for purposes of S.34 of the Trust Act, 1882---Held, that distinguishing feature to hold the Sindh High Court as Principal Civil Court of Original Jurisdiction in Karachi and not a District Court was that except various districts in Karachi, the pecuniary jurisdiction of all district courts in Sindh or for that matter all over Pakistan was unlimited pecuniary jurisdiction and since the pecuniary jurisdiction of various district courts in Karachi was limited, therefore statuts of Principal Civil Court of Original Jurisdiction could not be conferred on the District Court---High Court's jurisdiction in civil cases was therefore simply a District Court jurisdiction exercised by the High Court---Petition in terms of S.34 of the Trust Act, 1882 was, therefore, maintainable and was allowed, in circumstances. Mst. Faizan v. Pakistan through the Director General Pakistan Telegraph Department, Karachi PLD 1970 Kar. 362 ref. Rimpa Sunbeam Co-operative Housing Society Ltd. v. Karachi Metropolitan Corporation PLD 2006 Kar. 444 rel. JUDGMENT NAZAR AKBAR, J.---The petitioners through this Judicial Miscellaneous petition have sought the following relief:-- "direct the respondents to allow the Trustees of Alpha Insurance Company Limited Staff Provident Fund to run the affairs of the Trust in accordance with the Rules and reconstructed Provident Fund Trust Deed annexed hereto as Annexure "B" and "M" respectively". "Any other Opinion/direction in the given facts and circumstances of the case". 2. Briefly stated the facts leading to this petition are that the petitioners are Trustees of the Alpha Insurance Company Ltd. Staff Provident Fund (hereafter Alpha Fund) established by the respondent No.1 namely Alpha Insurance Company Ltd., (The…
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