Law: Sales Tax Act, 1990

Section:

(a) Writ-Dispute requiring investigation of facts and recording of evidence-Not to be decided on affidavits in writ jurisdiction- Constitution of Pakistan (1956), Art. 170. (b) Company-Domicile of company clings to it throughout its existence -Registrar not authorised to change domicile-No specific provision in Companies Act (VII of 1913) -Minister of Government not competent to order an indigenous company to be registered as a foreign company. (c) Law of Evidence Amendment Act (East Pakistan XVIII of 1956) -Copies of register received from Registrar Joint Stock Companies, West Bengal-Public documents. (d) Writ-Registrar, Joint Stock Companies illegally changing nationality of company- Amenable to writ jurisdiction-Registrar performs quasi judicial functions-Constitution of Pakistan (1956), Art. 170. A Registrar, Joint Stock Companies, fulfils a quasi judicial function. If a Registrar registers an indigenous company as a foreign company on the directive of a Minister of Government, he .is influenced by extraneous considerations, and his order can be interfered with by mandamus. The duty of the Registrar is to perform his duty and if he fails to do so he becomes immediately amenable to the jurisdiction of the High Court. Rex v. Registrar of Companies (1912) 3 K B 23, 34 and Bowman v. Secular Society, Limited 1917 A C 406 ref. (e) Writ-Mandamus-Applicant to show legal right to performance of legal duty-Shareholder of company has legal right to demand that ' Registrar, Joint Stock Companies must act in accordance with law when registering company as a foreign company-Constitution of Pakistan (1956), Art. 170. The shareholder of a company has a right to demand that the Registrar, Joint Stock Companies while registering the company as a foreign company, must act in accordance with law and when the Registrar acts contrary to law, a shareholder can demand that a mandamus should go to correct that error. A shareholder has an actual and personal interest in the performance by the Registrar of a public duty, namely, to maintain the register in accordance with law. When the Registrar fails to exercise jurisdiction or exercises his jurisdiction or acts in a manner which…

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