Case Details

Citation(s)
1970 SLG 3140 1970 SLD 3140 = 1970 SCMR 641
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 307 of 1969, decided on 23rd April 1970.
Presented By: M. R. Khan and Wahiduddin Ahmad, JJ
Jamil Hussain Rizvi, Senior Advocate Supreme Court instructed by S. Ali Imam Naqvi, Advocate-on-Record for Petitioner. Nemo for
Respondents.

Syed SHAHZAD HUSSAIN-Petitioner

VERSUS

THE SECRETARY TO GOVERNMENT OF WEST PAKISTAN (CO-OPERATION) DEPARTMENT, LAHORE AND 3 OTHERS-Respondents

Law: West Pakistan Cooperative Board (Dissolution) Act, 1966

Section: 6

Law: Constitution of Pakistan, 1962

Section: 58

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th June 1969, in Writ Petition No. 802 of 1969), (a) West Pakistan Cooperative Societies and Co-operative Banks (Repayment of Loans) Ordinance (XIV of 1966), S. 6-Notice to show cause-Natural justice, principles of-Petitioner admitting advance of amount in question as a loan by Co-operative Bank Sufficient opportunity given to petitioner to meet allegations against him but petitioner prolonging proceedings and adopting dilatory tactics-Authority concerned, held, justified holding that claim against petitioner was established. (b) Constitution of Pakistan (1962), Art. 58(3)-Revision-Not a vested right-Exercise of power dependant on discretion of Revisional authority-Mere holding that no revision lay in case Not by itself a ground for granting Special Leave to Appeal to Supreme Court. Date of hearing : 23rd April 1970. ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of the West Pakistan High Court, Lahore, in Writ Petition No. 802 of 1969, decided on the 19th June 1969. By this order, the petition was dismissed in limine. The allegation against the petitioner is that he had obtained a loan of Rs. 37,'809.03 in connection with the running of his business known as Cheap Stationery Mart, Gunpat Road, Lahore, from the Pakistan Industrial Cooperative Bank Ltd.. Lahore. The Registrar, Co-operative Societies, Lahore, on the 17th September 1966, issued a notice calling upon him to pay the sum of Rs. 48,484.03 inclusive of interest and law charges. On this, the petitioner made a representation which was held to be time-barred and rejected. He challenged this order in a revision under section 64-A of the Co-operative Societies Act, which was accepted by the Secretary, Co-operative Department, Government of West Pakistan, Lahore, by order dated the 25th September 1967, and the case was remanded with the following observation :- "The applicant should have been given full opportunity to produce the partnership deed executed by Mr. M. Anwar or any other documentary evidence in support of his allegation. If it was proved to…
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