| Citation(s) |
|---|
| 2025 SLG 298 2025 SLD 298 = 2025 PLD 79 |
Lahore High Court
Cooperative Petitions Nos. 1993, 1997 of 2022, 69526 and 62924 of 2021, decided on 20th September, 2024.
Before Asim Hafeez, J
Taffazal Haider Rizvi, Haider Ali Rizvi and Benish Sikandar for Petitioners. Ashtar Ausaf Ali and Asad Rahim for Petitioners (in C.P. No. 62924 of 2021). Barrister Muhammad Ahmad Pansota for Petitioners (in C.P. No. 69526 of 2021). Sohaib Ahmad Rumi for PCBL for
Respondents.
Cooperative Petitions Nos. 1993, 1997 of 2022, 69526 and 62924 of 2021, decided on 20th September, 2024.
Before Asim Hafeez, J
Taffazal Haider Rizvi, Haider Ali Rizvi and Benish Sikandar for Petitioners. Ashtar Ausaf Ali and Asad Rahim for Petitioners (in C.P. No. 62924 of 2021). Barrister Muhammad Ahmad Pansota for Petitioners (in C.P. No. 69526 of 2021). Sohaib Ahmad Rumi for PCBL for
Respondents.
NIAGARA MILLS (PVT.) LIMITED and others---Petitioners
Law: Constitution of Pakistan, 1973
Section: 199,25,10A,23
Law: Punjab Consumer Protection Act, 2005
Section: 23,28,33
Law: Contract Act, 1872
Section: 73
Law: Civil Procedure Code, 1908
Section: 115
(a) Punjab Undesireable Cooperative Societies (Dissolution) Act (I of 1993)-------S. 7(s)---Judicial Officer---Powers---Scope---Powers extended to Judicial Officer, to act as delegatee of Cooperatives Board, are not in the category of delegation of legislative powers---Notwithstanding conferment of quasi-judicial powers, Judicial Officer cannot claim attributes and features of Court--Performance of quasi-judicial functions by itself does not convert Authority or Tribunal into a Court---Status of Judicial Officer is that of an agent, albeit an officer authorized by Cooperatives Board to act as its delegatee, to exercise power of determination regarding rights claimed and statutory obligations ought to be enforced.Government of the Punjab through Secretary, Schools Education Department, Lahore and others v. Abdur Rehman and others 2022 SCMR 25; Shafaatullah Qureshi v. Federation of Pakistan PLD 2001 SC 142; S.A. Jameel v. Secretary to the Government of the Punjab, Cooperative Department and others 2005 SCMR 126 and Commissioner of Income Tax, East Pakistan, DACCA v. Wahiduzzaman PLD 1965 SC 171 rel.(b) Punjab Undesireable Cooperative Societies (Dissolution) Act (I of 1993)-------Ss. 7 & 11---Judicial Officer and Cooperatives Board---Functions---Distinction--Judicial Officer and Cooperatives Board are not mutually exclusive entity(ies) in the context of division of powers, though former isalter ego of the latter, but upon distribution, powers available with Cooperatives Board and those delegated may be termed mutually exclusive, for the purposes of achieving objectives and purpose of the law---Status of delegatee, in the context of exercise of delegated power has been acknowledged under S.11 of Punjab Undesireable Cooperative Societies (Dissolution) Act, 1993---This is the power of determination of rights claimed against Cooperatives Board.(c) Jurisprudence-------Law, to survive, has to be logical.(d) Words and phrases-------Functus officio---Applicability---Doctrine of functus officio is attracted once the matter/task has been finalized and accomplished and not otherwise.Kh. Muhammad Fazil v. Mumtaz Munawar Khan Niazi (deceased) through L.Rs and another 2024…
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