Law:

Section:

Societies Registration Act (XXI of 1860)-------S. 1---Cooperative Societies Act (VII of 1925), Preamble, Ss.54 & 70-A--­Registration of Societies---Society registered under the Societies Registration Act, 1860 could not be considered to be registered under the Cooperative Societies Act, 1925, both the laws being different in purposes and objects. JUDGMENT Facts relevant for disposal of instant petition are that petitioner Hakim Malik Muhammad Akram filed a suit for declaration and perpetual injunction against private and official respondents, as back as on 5th June, 1990. After contest, trail Court i.e.. Civil Judge-V decreed the suit on 5th November, 1995. Said order/decree was challenged by private respondents in appeal before the District Judge, which came up for disposal on the file of District Judge-Ad hoc, Quetta Learned Presiding Officer instead of deciding the appeal on merits, accepted the same on the ground that under section 70-A of the Cooperative Societies Act, 1925, Civil Court had no jurisdiction to adjudicate upon the matter, concerning change of members of Governing body and approval of constitution of Society. As such, instant revision has been filed. Mr. Sultan Mehmood, Advocate contended that learned District Judge, Ad hoc, had acted without lawful authority in non-suiting the petitioner, because affairs of Anjuman-e-Balochistan Tibia College, Quetta are being governed under the provisions of Societies Registration Act, 1860, and in pursuance of its section 1, Registration Certificate was issued in favour of Anjuman, as back as on 10th October, 1994. He further, contended that as far as Cooperative Societies Act; 1925 is concerned, it has got no application on such-like Societies. Mr. Karnran Murtaza, learned counsel appearing for private respondents and Mrs. Iqbal Bano, learned counsel for Registrar of Societies, conceded to the legal position, put-forth by petitioner's counsel. However, on behalf of parivate respondents it was argued that apart from the reasons assigned by District Judge, Ad hoc, in non-suiting the petitioner, even otherwise, a decree as has been claimed in plaint, cannot be awarded to petitioner, therefore, according…

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