Case Details

Citation(s)
2000 SLG 784 2000 SLD 784 2000 SCMR 506 2000 SLD 1196 2000 SCMR 506
Supreme Court of Pakistan
Civil Appeal No. 1429 of 1996, decision dated: 8-12-1999.
SAIDUZZAMAN SIDDIQUI, CJ, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ

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Messrs CANAL BREEZE COOPERATIVE HOUSING SOCIETY LIMITED

VS

AGRICULTURAL AND TRANSPORT DEVELOPMENT CORPORATION (PVT.) LIMITED

Law:

Section:

(a) Cooperative Societies Act (VII of 1925)----------S.23---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider question as to whether doctrine of indoor management ,was applicable to cooperative societies. (b) Constitution of Pakistan (1973)--Art. 185---Appeal to Supreme Court---Concurrent findings of fact by Courts below---Interference by Supreme Court----Principles and conditions--­Concurrent findings of fact based on evidence could not be interfered with by Supreme Court in second appeal when it did not suffer from any misreading of evidence or non-consideration of the relevant piece of evidence on record. (c) Cooperative Societies Act (VII of 1925)---- ----S.23---Doctrine of Indoor Management---Applicability to Cooperative Societies---Principles---Doctrine of Indoor Management applied to the transaction entered into between a third party and a Cooperative Society registered under Cooperative Societies Act in the same manner as the doctrine applied to transactions between third parties and a company registered under the Companies Act, 1913 or Companies Ordinance, 1984. The doctrine of indoor management was no doubt applied to a corporate entity like the registered company but there was no statutory provision. or a rule of law which could support the view that the doctrine of indoor 'management did not apply to a cooperative society registered under the Cooperative Societies Act, 1925. The doctrine of indoor management is not applied to the transactions entered into between a registered company and a third party in good faith, on the basis of any statutory provision in the Companies Ordinance. This doctrine is applicable to such transaction on the principle of public policy, equity and good conscience, to protect an innocent person dealing in good faith with a corporate entity. Section 23 of the Act confers a corporate status on a society registered under the Act. The corporate status conferred on a society registered under the Act is in no way different from the corporate status of a company registered under the provisions of the Companies Ordinance, 1984. The fact that a society may be registered under the Act with or…
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