Case Details

Citation(s)
1981 SLG 1340 1981 SLD 1340 1981 PLD 602
Supreme Court of Pakistan

KARAM ELAHEE CHAUHAN, MUHAMMAD AFZAL ZULLAH AND SHAH NAWAZ KHAN, JJ

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ABDUL SALAM

VS

ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES

Law:

Section:

(a) Sind Co-operative Societies Act (VII of 1925)----- S. 54-West Pakistan Co-operative Societies and Co-operative Bank (Repayment of Loans) Ordinance (XIV of 1966), Ss. 2, 6 & 7-­Co-operative Societies and Co-operative Banks (Repayment of Loans) Order, 1972 [M. L. O. 241], paras. 2, 3 & 6-Loan---Benami transac­tion-Recovery-Appellant adjudged as actual borrower in original award - Recovery proceedings also initiated against appellant and appellant filing appeals against recovery-All proceedings though allegedly conducted by appellant's brother H in appellant's name yet appellant not unaware of such proceedings but also appearing to have actively participated in proceedings - Documents placed on record not permitting to give a finding contrary to findings contained in award and impugned as to appellant being in reality concerned with loan obtained in his name and only beneficiary being his brother H-Circumstance of H having offered to pay amount obtained by all persons against whom recovery proceedings initiated not conclusive proof of fact of H alone being beneficiary of all loans ­Nor fact of Deputy Registrar of Co-operative Societies having acted on offer of H and directed recovery of loan from him necessarily shows appellant having been exonerated and "decision" having been taken to such effect. Link 1 Link 2 Link 3 (b) Co-operative Societies and Co-operative Banks (Repayment of Loans) Order, 1972 1M. L. O. 241)- -- Paras. 2, 3 & 6-Words and phrases-Word "borrower"-Defini­tion of "borrower" as contained in M. L. O. 241-Wide enough to encompass case of a benami loan-Person obtaining loan, person being real beneficiary, and person being real recipient of loan, held, all fall within definition of borrower.-[Words and phrases]. Link (c) Co-operative Societies and Co-operative Banks (Repayment of Loans) Ordinance (XIV of 1966)- (X. 2 (bbb)-Words and phrases-Word "borrower" defined in Ordinance as including, in case of a benami loan, real beneficiary or recipient of loan -- Loan having been advanced in name of appellant, appellant held, a "borrower".-[Words and phrases]. Link (d) Co-operative Societies and Co-operative Banks (Repayment of Loans)…
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