Law: Cooperative Societies Act, 1925

Section: 34 , 89 , 247

  Martial Law Order (M.L.A. Zone 'B')-- ----Nos. 34, 89 & 247---Constitution of Pakistan (1973), Art. 199---Cancellation of amenity plot---Considerations---First consideration for such cancellation was conversion of amenity purpose to some other purpose in contravention of law, while second consideration was absence of construction on such plot---Said conditions must subsist together to bring about automatic cancellation under provisions of successive Martial Law Orders viz. M.L.Os.34, 89 & 247---Such factors must be found subsisting to deprive lessee of its entitlement. Cooperative Societies Act (VII of 1925)--- ----S. 54---Martial Law Orders (M.L.A. Zone 'B') Nos.34, 89 & 247-- Constitution of Pakistan (1973), Arts. 270-A & 199---Constitutional petition-- Reference of dispute to arbitration in terms of S.54, Cooperative Societies Act, 1925---Validity---Impugned order of Deputy Registrar, Cooperative Societies, which merely postulated reference of dispute raised by respondent (lessee) under S.54, Cooperative Societies Act, 1925, would seem to be unexceptionable-- Deputy Registrar was right in holding that irrespective of subsistence of Art.270-A in the Constitution, which had saved Martial Law Orders and actions emanating therefrom, any act ex facie saved could still be open to scrutiny if mala fides or absence of jurisdiction could be established in relation to the same---Reference of dispute in terms of S.54 of the Act was thus, valid. Cooperative Societies Act (VII of 1925)--- ----S. 54---Constitution of Pakistan (1973), Art.199---Constitutional petition--Reference of dispute to arbitration in terms of S.54, Cooperative Societies Act, 1925---Validity---Equitable considerations were weighing against petitioner in his Constitutional petition---Respondent (lessee) had filed suit against petitioner wherein petitioner had specifically pleaded bar of jurisdiction on the ground that respondent had already resorted to remedy under S.54 of the Cooperative Societies Act, 1925 spelling bar against civil suit---Respondent acting on such plea had withdrawn her suit- --Petitioner, thus, could not question arbitration proceedings under…