Case Details

Citation(s)
1992 SLG 507 1992 SLD 507 1992 SCMR 130
Supreme Court of Pakistan
Civil Appeal No. 271 of 1988, decision dated: 23rd October, 1991(From the judgment of the Lahore High Court dated 13-11-1979 passed in W.P. 1355 of 1975)
SAAD SAOOD, JAN AND RUSTAM S. SIDHWA, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

GHEE CORPORATION OF PAKISTAN and others

Sh. ABDUL HAQ & SONS LTD and others

Law:

Section:

(a) Hydrogenated Vegetable Oil Industry (Control and Development) Act (XLV of 1973)--S.14---Government taking over control and management of establishment of which respondents were lessees for a specified period---Claim of compensation of respondent lessee---Basis of claim---Lessee's entitlement to compensation for claims and properties which belonged to them was like that of an ordinary creditor, to be determined in accordance with the ordinary law and not as that provided by provision of S.14 of Act XLV of 1973. (b) Hydrogenated Vegetable Oil Industry (Control and Development) Act (XLV of 1973)--- ----Ss.2, 5 & 14---Nationalised establishment working out compensation payable to lessee---Stocks, stores, goods, machinery etc. which did not legally belong . to or had not been acquired or purchased by the nationalised establishment for valuable consideration before nationalisation, would not be treated as belonging to the nationalised establishment, but as belonging to the third parties; who had claims thereto, for which they would be entitled to compensation under ordinary law as creditors---Federal Government and/or appellants were liable to pay compensation to the respondent-company for loss, if any claimed, arising to it by the premature termination of its lease and for all the stocks, stores, raw materials, goods, machinery etc., which belonged to it and which were on the premises and which were taken over by the Federal Government on the date of nationalisation, such compensation being assessable according to the ordinary law, less any liability under the terms of the lease or by operation of law or otherwise as was due and payable by the respondent-company to the nationalised establishment on the date of nationalisation, including any which arose later and related to the period of lease or became otherwise payable by it. (c) Hydrogenated Vegetable Oil Industry (Control and Development) Act (XLV of 1973)--- --Ss.2, 5 & 14---Constitution of Pakistan (1973), Art.185(3)---Liabilities of respondent-company (lessee of the establishment) with regard to loans/overdrafts which were due and payable by it to the nationalised establishment---Such matter having…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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