Case Details

Citation(s)
2011 SLG 537 2011 SLD 537 2011 CLC 178
Lahore High Court
Petition No. 36-C of 2009, decision dated: 29-09-2010
IJAZ AHMAD CHAUDHRY, J

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MUHAMMAD SHARIF SINDHU

VS

PUNJAB COOPERATIVE BOARD FOR LIQUIDATION through Secretary and 4 others

Law: Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993

Section: 11

Law: Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993

Section: 11

(a) Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----S. 7----Constitution of Pakistan, Art. 199-Constitutional petition---Order of previous Chairman, Punjab Cooperative Board for Liquidation (PCBL) passed on basis of given by Judicial Officer of the Board settling controversy between the parties---Review of such order by incumbent Chairman---Validity---Such order having not been challenged in higher forum by any party had attained finality---No court or Tribunal had inherent powers to review its decree or order, unless expressly conferred by statute---Chairman had no jurisdiction to exercise power of review under Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993---High Court set aside impugned order in circumstances. Riaz Hussain and others v. Board of Revenue and others 1991 SCMR 2307; S.A. Rizvi v. Pakistan Atomic Energy Commission and another 1986 SCMR 965; Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94; Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1 and Abdul Hakeem and another v. Khalid Wazeer 2003 SCMR 1501 rel. (b) Review--- ----Right of---Scope---Such right is a substantive right and not a matter of procedure---No court or Tribunal possesses inherent powers to review its decree or order, unless expressly conferred by statute. Riaz Hussain and others v. Board of Revenue and others 1991 SCMR 2307; S.A. Rizvi v. Pakistan Atomic Energy Commission and another 1986 SCMR 965; Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94 and Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1 rel.Waqar Ahmad Sheikh for Petitioner. Kh. Muhammad Jawad Asmi for Respondents. Date of hearing: 21st May, 2010. JUDGMENT IJAZ AHMAD CHAUDHRY, J.---Through this petition under section 11 of the Punjab Co-operative Societies Dissolution Act, 1993 the petitioner has called in question the order dated 14-2-2009 passed by the Chairman, PCBL through which he has rejected the petitioner's application for issuance of NOC with regard to the land measuring 201 kanals, 6 marlas along with Dera and Tube-Well situated at Mauza Spawat and 64 kanals, 11 marlas along with Dera and Tube-Well situated at…
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