Law: Companies Ordinance, 1984

Section: 476,481

Law: Criminal Procedure Code (V of 1898)

Section: 265-K,411-A,417,561-A

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Code of Civil Procedure (Amendment) Ordinance (X of 1980)

Section: 15

(a) Companies Ordinance (XLVII of 1984) [since repealed]--- ----S. 481---Code of Civil Procedure (Amendment) Ordinance (X of 1980), S. 15---Criminal Procedure Code (V of 1898), S. 411-A---Appeal to High Court in certain cases---Appeal from sentence of High Court under S. 411-A, Cr.P.C.---Criminal proceedings initiated under the Companies Ordinance, 1984---Appeal against acquittal of accused in offences arising out of the Companies Ordinance, 1984---Exclusive applicability of S. 481 Companies Ordinance, 1984 in such cases---Scope---Question before the High Court was whether an order for acquittal passed by High Court exercising original criminal jurisdiction in respect of offences arising out of the Companies Ordinance, 1984 could be impugned in appeal before the High Court under S. 15 of the Code of Civil Procedure (Amendment) Ordinance,1980, or under the procedure prescribed by S. 411-A, Cr.P.C.---Held, that impugned order was rendered in exercise of criminal jurisdiction and not civil, and was a final order and not an interlocutory order, therefore S. 15 of the Civil Procedure Code (Amendment) Ordinance, 1980 did not apply---Section 411-A of the Cr.P.C. would also not apply to the impugned order as the unequivocal provisions of the Companies Ordinance, 1984 would override the same---In respect of criminal proceedings arising out of the Companies Ordinance, 1984, S. 481 of the Code would apply vis-a-vis appeals against acquittal notwithstanding anything contained in the Cr.P.C. and thus S. 411-A, Cr.P.C. would not provide a right of appeal in the impugned order---Appeal being not maintainable, was dismissed in circumstances. Abdul Rahim Khan v. The State 1991 MLD 2448 and Brothers Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543 ref. Syed Ali Nawaz Gardezi v. Lt. Col. Muhammad Yusuf Khan PLD 1962 SC 465; The State v. Abdul Samad and another PLD 1984 Quetta 72 and Gulistan Textile Mills and another v. Soneri Bank Limited and another 2018 CLD 203 rel. (b) Interpretation of statutes--- ----Special law---Maxim Generalia specialibus non derogant---Specific provisions of a special law would displace general law which would be deemed to…

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