Law: Companies Ordinance, 1984

Section: 9,160A,179

(a) Interpretation of statutes--- ----General and special law---Scope---When a special provision has been enacted by Legislature to cater a particular purpose, the general provision has to make way and special provision would prevail and accordingly applied. Golden Oraphies (Pvt.) Ltd. and 12 others v. Director of Vigilance, Central Excise, Customs and Sales Tax and others 1993 SCMR 1635 and Federal Bank for Cooperatives, Islamabad v. Ehsan Muhammad 2004 SCMR 130 ref. (b) Interpretation of statutes--- ----Every word employed is of significance and is required to be given due effect---While interpreting a provision of law, it is to be read in totality, in conjunction with its conditionalities---If there is any condition referred in the provision, it cannot be ignored nor can be torn out of context---When provision is plain and simple and tenor of language is couched in clear words, not susceptible to any two interpretations, it cannot be made subject matter of labour of misconceived interpretation. (c) Companies Ordinance (XLVII of 1984)--- ----Ss. 9, 160-A & 179---Election of Board of Directors---Petition for declaration of election invalid---Scope---Civil Procedure Code, 1908, provisions of---Applicability---Scope---Petitioners sought setting aside of election of Board of Directors on the ground that they had 10% of voting power with them as provided under S. 160-A of Companies Ordinance, 1984---Plea raised by company was that 20% voting power was required under the provisions of S. 179 of Companies Ordinance, 1984, for setting aside of election of Board of Directors---Validity---Provision of S. 179 of Companies Ordinance, 1984, would apply to the elections of Board of Directors, being special provision and S. 160-A of Companies Ordinance, 1984, was inapplicable as it was general in nature---Petitioners did not hold required 20% voting power in the company, which was sine qua non for invoking provision of S. 179 of Companies Ordinance, 1984---High Court, while deciding matter before it, as expeditiously as possible, was to follow summary procedure and that under Civil Procedure Code, 1908, i.e. framing of issues and recording of evidence was not to be…

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