Law: Cooperative Societies and Cooperative Banks (Re payment of Loans) Ordinance, 1966

Section: 44-E

 (i) Co-operative Societies Act, 1925 (VII of 1925)-- —S.44.E~Director of Pasban Co-operative Finance-Freezing of accounts of-Challenge to~Petitioner has sworn affidavit that at time when order was passed or even before that, he had ceased to be a Director of Society-Fact of his resignation from post of Director was duly communicated to Registrar-No written statement has been filed to controvert these facts-It is difficult to accept contention of Advocate General that there was grave emergency to justify departure from established rule of law and natural justice-Held: Power under Section 44-E is discretionary and it is by now well established that discretion must be exercised judiciously, objectively, honestly and not arbitrarily or in capricious or fanciful manner-Petition accepted. [Pp.255.256257]G,HJ PLJ 1989 SC 10, PLD 1956 Lahore 615, PLD 1964 SC 673 and PLD 1988 Lahore 725 rel. (ii) Co-operative Societies Act, 1925 (VII of 1925)-- —S.44-E-Director of Pasban Co-operative Finance-Freezing of accounts of--Challenge to—Under Section 44-E, Registrar has been authorised to take various measures but power granted to Registrar is neither un-bridled nor un-guided--Use of expression if it appears is significant-This expression casts a duty upon Registrar to form an opinion objectively on basis of facts on record in a just, fair and equitable manner—He cannot exercise power under Section 44-E on mere conjectures and surmises or without regard of facts and circumstances of each case-Impugned order is on cyclo-styled proforma and shows no application of mind-Held: Impugned order is clearly not sustainable. [Pp.252 25J 25V]A,B,CD PLJ 1978 Karachi 393, Prems Judicial Dictionary 1964 Edition Vol.11 page 806, and Words and Phrases Permanent Edition Vol.20, page 51 rel. (iii) Natural Justice- —Director of Pasban Co-operative Finance—Freezing of accounts of— Challenge to-Impugned order is to the effect of freezing even personal bank account of petitioner from which he is prohibited to withdraw any money whatsoever-All pervasive embargo has been placed on rights of petitioner to deal with movable and immovable properties so much so that he cannot even receive rent from…

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