Case Details

Citation(s)
1994 SLG 1180 1994 SLD 1180 1994 CLC 342
Lahore High Court
Writ Petition No. 2586-S of 1975, heard on 16th December, 1992
TANVIR AHMED KHAN, J
Malik Muhammad Nawaz for Petitioner. Sajjad Hussain for
Respondents.

MUJEEB-UR-REHMAN SHAMI

VS

PRINCIPAL, AITCHISON COLLEGE, LAHORE3 and 2 others

Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 9---Jurisdiction---Civil Courts were Courts of general jurisdiction, thus, their jurisdiction was involved in cases where violation of statutory provisions, could not be barred.---[Jurisdiction]. R.T.H. Janjua v. National Shipping Corporation PLD 1974 SC 146; Gulab Din v. Major A.T. Shaukat and others PLD 1961 (W.P.) Lah. 952; Muhammad Afzal v. Commissioner, Lahore Division PLD 1963 SC 401; Allah Bakhsh v. District Magistrate, Jhang and 2 others PLD 1978 Lah. 765 and Principal Cadet College and another v. Muhammad Shoab Qureshi PLD 1984 SC 170 ref. JUDGMENT Aitchison College was being run/administered through a Society registered under The Societies Registration Act, 1860 (Act XXI). The Governor of the then West Pakistan in exercise of his power conferred on him by the Martial Law Administrator, Zone B's Order No.86 through order dated 11-11-61 dissolved the Society and its governing body and rescinded the Statutes and by-laws thereof and placed the management and control of the college under a Board of Governors. The Principal of the College according to the order was to act as Secretary to the Board of Governors who was given power to do all acts considered fit and expedient for efficient management and control of the college including the framing of rules and regulations. Since the statutes and bylaws were rescinded on 11-11-1961 as aforementioned so in the exercise of his power under the Martial Law Administrator's Zone B's Order 86, the Governor framed the Statutes of the College which are as under: STATUTES OF A1TCulcnlM OOLLEGE LAHORE. I. xxxxxxxxxx II. Xxxxxxxxxx III. Authority of the Aitchison College. (1) The management and control of the College shall vest in a Board of Governors consisting of the Governor of West Pakistan as President and such Members as may be appointed by the Governor of West Pakistan from time to time, but for a period not exceeding three years at one time. The relevant appointments made under the Governor of West Pakistan's Order No.S.O.X-16/25-61(Edu), dated the 11th November, 1961 shall be deemed to have been made under this provision. Subject to the other provisions of these…
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