Law: Companies Act, 2017

Section: 166

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

Law: Constitution of Pakistan, 1973

Section: 199

(a) Companies Act (XIX of 2017)--- ----S. 166---Qanun-e-Shahadat (10 of 1984), Arts. 117, 120---Constitution of Pakistan, Art. 199---Constitutional petition---Quo warranto---Onus to prove---Dispute was with regard to appointment of respondent as Acting Managing Director of Pakistan Television Corporation---Petitioners contended that respondents nominated by Federal Government were not selected through any public advertisement nor from data bank maintained by Security and Exchange Commission of Pakistan in terms of S. 166 of the Companies Act, 2017--- Validity--- Initial onus was shifted upon respondents/Federal Government to demonstrate that discretionary power exercised by Federal Government before nomination of respondents was considered through a structured concept---Evidence to that extent was to be brought on record, otherwise it would be considered that all respondents were nominated through arbitrary manner on the whims and caprice of Federal Government. In the matter regarding appointment of Director, PTVC 2019 SCMR 1 and Ghulam Rasool v. Federation of Pakistan PLD 2015 SC 6 rel. (b) Administration of justice--- ----If law prescribes doing of a certain thing in a particular manner then it has to be done in that manner alone. Muhammad Anwar v. Mst. Ilyas Begum PLD 2013 SC 255 rel. (c) Companies Act (XIX of 2017)--- ----S. 166---Public Sector Companies (Corporate Governance) Rules, 2013, R. 3(4)---ESTACODE, Serial No. 141---Independent Director---Appointment---Procedure---Legislative intent in S. 166 of Companies Act, 2017 and R. 3(4) of Public Sector Companies (Corporate Governance) Rules, 2013, is to ensure managerial/administrative independence of such Corporation so that they operate through their Board and not by direct intervention of Federal Government---Concept of managerial independence inculcated in Public Sector Companies (Corporate Governance) Rules, 2013, reflects that majority of Directors of Board of Directors are to be independent Directors to maintain balance amongst nominee Directors of Federal Government, who are working on instructions or will of Federal Government, whereas Independent Directors have their own views through which…

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