| Citation(s) |
|---|
| 2020 SLG 2630 2020 SLD 2630 2020 CLC 1462 |
Lahore High Court
I.C.A. No. 49988 of 2020, decided on 14-10-2020.
JAWAD HASSAN, JUSTICE, MASUD ABID NAQVI, JUSTICE
Barrister Yasir Siddique, Special Prosecutor NAB and Aasim Mumtaz, Prosecutor, NAB.
I.C.A. No. 49988 of 2020, decided on 14-10-2020.
JAWAD HASSAN, JUSTICE, MASUD ABID NAQVI, JUSTICE
Barrister Yasir Siddique, Special Prosecutor NAB and Aasim Mumtaz, Prosecutor, NAB.
PETITIONER(S): THE CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU (NAB)
VS
RESPONDENT(S): RAMZAN SUGAR MILLS LIMITED AND OTHERSS
Law: Companies Act, 2017
Section: 480,100
Law: National Accountability Ordinance, 1999
Section: 13
Law: Law Reforms Ordinance, 1972
Section: 3
(a) Companies Act (XIX of 2017)--- ----Ss. 480 100---National Accountability Ordinance (XVIII of 1999), S. 13---Law Reforms Ordinance (XII of 1972), S. 3---Intra court appeal---Requirement to register a mortgage or charge---Appeal against order passed by officer of the Securities and Exchange Commission of Pakistan (SECP)--- Claim or objection against freezing---Maintainability---Scope assailed order passed by Single Judge of High Court whereby order of Additional Joint Registrar of Companies was declared to be illegal and he was directed to register the charge---Validity---Order passed by Additional Joint Registrar of Companies was an appealable order in view of S. 480 of the Companies Act, 2017 had already filed an objection petition under S. 13 of National Accountability Ordinance, 1999 and an appeal under S. 480 of Companies Act, 2017---Proviso to S. 3 of Law Reforms Ordinance, 1972, provided that where appeal, revision or review was provided then intra court appeal was not maintainable---Intra court appeal was dismissed, in circumstances. SME Bank Limited v. Izharul Haq 2019 SCMR 939 and Muhammad Aslam Sukhera and others v. Collector Land Acquisition, Lahore Improvement Trust, Lahore PLD 2005 SC 45 rel. (b) Law Reforms Ordinance (XII of 1972)--- ----S. 3--- Intra court appeal--- Remedy of representation--- Scope---Remedy of representation being equal to remedy of appeal as envisaged under proviso to S. 3 of the Law Reforms Ordinance, 1972 thus debars remedy of intra court appeal. Muhammad Shakoor v. Federal Public Service Commission through Chairman, Islamabad and 2 others 2003 PLC (C.S.) 414; Yamin v. Mst. Jajan and others 2005 CLC 78; Messrs Shahzadi Polypropylene Industries through Proprietor v. Federation of Pakistan through President and 4 others 2017 PTD 2019; Muhammad Shraf Saeed v. Habib Bank Limited and another 2018 PLC (C.S.) Note 13 and Haji Ahmad Khan and another v. Province of the Punjab and 5 others 2018 PLC (C.S.) 36 ref. Federation of Pakistan through Secretary Revenue Division, Islamabad and others v. Messrs Sahib Jee and others 2017 PTD 1481 rel. ORDER Through this Intra Court Appeal filed under section 3 of the Law Reforms Ordinance,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492