Law: Cooperative Societies Act, 1925

Section: 54

Law: Constitution of Pakistan, 1973

Section: 199

Law: Cooperative Societies Rules, 1927

Section: 32

(a) Co-operative Societies Act (VII of 1925)--- ----S.54---Constitution of Pakistan, Art.199---Constitutional petition---Concurrent findings of two forums---Registrar Cooperative---Jurisdiction---Concealing of material facts---Petitioner was Cooperative Housing Society and respondent was its member---Dispute between parties was with regard to allotment of plots---Registrar, Cooperative Societies decided the reference by directing petitioner to allot plots in favour of respondent---Appeal filed by petitioner before Provincial Government was dismissed---Validity---Registrar was not bound to necessarily send the matter to civil court and he had jurisdiction to decide the matter himself or through his nominee---Jurisdiction of Registrar was never challenged by petitioner before lower forums, therefore, it was not allowed to do so at such stage when two forums had already decided against petitioner---Petitioner filed suit against respondent before civil court regarding property in dispute which was withdrawn by petitioner after 3 months---Such fact was neither disclosed before High Court nor record of the same was appended---Such material fact concealed by petitioner from Court was with mala fide intention---If a party had not come to Court with clean hands, such party was not entitled to any relief---Concurrent findings of law and fact against petitioner, which were immune from interference by High Court unless there was some gross illegality which could not be pointed out by petitioner---High Court declined to interfere in concurrent orders passed by two forums below---Constitutional Petition was dismissed, in circumstances. Ghulam Mohi-ud-Din v. Chief Settlement Commissioner (Pakistan) Lahore and others PLD 1964 SC 829 and Fazal Ellahi and 5 others v. Alam Din PLD 1979 SC (AJK) 109 rel. (b) Co-operative Societies Rules, 1927--- ----R.32---Arbitration---Registrar Cooperatives---Jurisdiction---Registrar, on receipt of reference under S.54 of Co-operative Societies Act, 1925, issues notice to concerned parties---If no move is made by parties for decision of matter through arbitration, Registrar can proceed with the matter and decide the dispute himself. JUDGMENT…

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