Law: Companies Ordinance, 1984

Section: 290

(a) Constitution of Pakistan---Art. 19-A--Right to information---Article 19-A of the Constitution is attracted when a particular information is of public importance--Regulations and restrictions imposed by law, absence of--Effect--Absence of regulations and restrictions could not render such right as nugatory, but same would still be available to citizens--Principles. Article 19-A of the Constitution indicates that every citizen has been conferred a right to have access to information in all matters of public importance, however, subject first to regulations and secondly to reasonable restrictions by law. Non-framing of the regulations cannot have effect of rendering .the right guaranteed by Article 19-A as nugatory. Therefore, even if no regulations are framed, this right is available to all the citizens. In the absence of regulations and in the absence of restrictions, task will be thrown to the court to determine whether request for information in a particular case or denial of information in a particular case is reasonable or an order without lawful authority or not. But the Article does not stop here, it further says that it must be in "matters of public importance". Therefore, it must be a matter in which public at large or at least a substantial section of population is interested. Article 19-A is attracted when a particular information is of public importance. (b) Companies Ordinance (XLVII of 1984)--Ss. 290 & 305---Constitution of Pakistan, Arts. 19-A & 199---Non-declaration of dividend by a private limited company for a long time---Constitutional petition by shareholders for giving direction to company to provide them information in respect of different matters, affairs and accounts of company---Maintainability---Article 19-A of the Constitution would attract when information sought was of public importance--Information sought regarding operation of company was of no significance to 99.9% of people of Pakistan---Rights of shareholders including their right to information and dividend were regulated under Companies Ordinance, 1984 providing them complete remedy--Writ could not be issued in case of a company not owned/controlled by…

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