Law: Companies Ordinance, 1984

Section: 7,8,152,152(3),152(4)

Law: Limitation Act, 1908

Section: 5,151,FirstSchedule

(a) Companies Ordinance (XLVII of 1984)--- ----Ss. 7, 8 & 152---Petition seeking rectification of members' register of a company---Court of original jurisdiction---Scope---Appeal---Scope---When the Company Judge (Single Bench) decided the matter under S. 152(3) of the Companies Ordinance, 1984 against which the appeal laid to the Division Bench of the High Court under S. 152(4) of the Ordinance, then the single Bench which decided the petition was the Court of original jurisdiction---Jurisdiction exercised by the High Court under the Companies Ordinance, 1984 was original jurisdiction, in the sense that the petitions or applications under the various provisions of the Ordinance were entertainable by the High Court as the Court of first instance, hence the appeals against such order, would lie before a Bench of two or more Judges of the High Court. Brother Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543 and Messrs Sunrise Textiles Limited and others v. Mashreq Bank PSC and others PLD 1996 Lah. 1 ref. (b) Companies Ordinance (XLVII of 1984)--- ----S. 152---Limitation Act (IX of 1908), First Sched. Art. 151---Order for rectification of members' register of a company passed by Company Judge (Single Bench) in its original jurisdiction under S. 152 of the Companies Ordinance, 1984---Appeal against such order filed before Division Bench of the High Court under S. 152(4) of the Ordinance---Limitation---Article 151 of First Schedule to the Limitation Act, 1908 specifically dealt with the limitation period where an order had been passed by the High Court in its original jurisdiction---When the Company Judge (Single Bench) passed an order under S. 152 of the Companies Ordinance, 1984 in its original jurisdiction, the period of limitation for filing appeal would be (20) twenty days commencing from the date of decree or order, as provided under Art. 151 of First Schedule to the Act. Haji Ghulam Rasul and others v. Government of the Punjab through Secretary, Auqaf Department, Lahore 2003 SCMR 1815 ref. (c) Limitation Act (IX of 1908)--- ----S. 5---Condonation of delay---Grounds---Wrong advice or ill advice of the counsel was not a ground for…

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