Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 5(o)(r),9,10,11,Preamble

Law: Companies Ordinance, 1984

Section: 2(8)(9),17(a)(iv)(v)

Law: Constitution of Pakistan, 1973

Section: 199

(a) National Accountability Bureau Ordinance (XVIII of 1999)--- ----Ss.5(o)(r), 9, 10 & 11---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Maintainability---Wilful default ---Reference--­Person who was neither sponsor nor owner of the defaulting corporate entity; nor exercised any dominative influence in the working of defaulting company and his wife's share in the company was nominal and Creditor Bank had not impleaded him as defaulting party when suit for recovery of loan in the Court of Special Judge Banking was filed, was not a "person" within the terms of S.5(o) of the National Accountability Bureau Ordinance, 1999 nor a "wilful defaulter" within the ambit of S.5(r) of the said Ordinance--­Proceedings against such person, therefore, were clearly without jurisdiction and of no lawful consequences---Reference to the extent of such person was ordered to be quashed by the High Court tinder its jurisdiction under Art. 199 of the Constitution in circumstances. From a bare reading of sub-clause (o) of section 5 of the National Accountability Bureau Ordinance, 1999 it becomes clear that this sub-clause applied to the corporate bodies, firm, partnership or sole proprietorship. The word "person" is followed by expression "includes" in this sub-clause. Ordinarily word "include" is used as an expression of enlargement and implies that something else also falls within that word which was beyond its general organic meaning. This is, however, not the rule of thumb. Some time it conveys a restrictive meaning depending upon the context in which it is used. This expression shows includable approach of law-making authority. Resultantly it can be said that the expression 'include' is to be interpreted on the touchstone of both approaches given above after examining this expression in context -of statute in which it is employed/used. On these touchstones,. it is clear that the Sponsors, Chairman, Chief Executive, Managing Directors, elected Directors, by whatever name they are called, and guarantors of the Company or any one, who exercises dominative control in the affairs of such a corporate body, come within the ambit of this sub-­clause. This part…

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