| Citation(s) |
|---|
| 1997 SLG 493 1997 SLD 493 1997 PLD 738 |
Lahore High Court
Writ Petitions Nos. 16379 and 18005 of 1995, decided on 3rd March, 1997. DATE of hearing: 20th February, 1997
SH. MUHAMMAD ZUBAIR, J
Pervez Mir for Petitioner. Col. M. Iqbal Rajput Col M. lqbal Janjua and rfan Qadir, Addl. A.G. for
Respondents
Writ Petitions Nos. 16379 and 18005 of 1995, decided on 3rd March, 1997. DATE of hearing: 20th February, 1997
SH. MUHAMMAD ZUBAIR, J
Pervez Mir for Petitioner. Col. M. Iqbal Rajput Col M. lqbal Janjua and rfan Qadir, Addl. A.G. for
Respondents
Miss WASIM KHALIDA KHAN
VS
Lahore CANTONMENT COOPERATIVE HOUSING SOCIETY
Law:
Section:
(a) Cantonments Act (II of 1924)--- ----Preamble & S.186---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Locus poenitentiae, principle of---Alternations in Master Plan by Cantonment Society or its Managing Committee ---Validity--Cantonment Society or its Managing Committee had no power to alter or make alterations in basic document i.e. Master Plan---Even on principle of locus poenitentiae, Society was debarred from re-calling or taking different position after petitioner got possession of plot in accordance with Master Plan---Secretary to Government Cooperative Department had no jurisdiction to set aside order of Registrar, Cooperative Societies who had declared change of location, length and breadth of petitioner's plot to be without jurisdiction of respondent (Society)---Cantonment Cooperative Housing Society had failed to point out any provision of bye-laws under which Managing Committee had powers to amend or alter unilaterally Master Plan without giving right of hearing to petitioner who was going to be affected by alteration in Master Plan---Such action of Society was against the principle of natural justice for law requires that no body should be condemned unheard---Order of Secretary to Government Co-operative Department whereby he had approved alteration of Master Plan was, thus, not sustainable in eye of law. PLD 1964 SC 503; PLD 1960 SC 310; PLD 1973 Quetta 14; PLD 1979 Quetta 131; PLD 1956 FC 46; PLD 1964 SC 438; PLD 1963 Lah. 53; PLD 1965 Pesh. 31; PLD 1992 SC 207; PLD 1995 Lah. 339; 1994 MLD 603; PLD 1991 SC 973; PLD 1969 SC 407; PLD 1994 Lah. 353; PLD 1994 Lah. 50; PLD 1978 Lah. 113; PLD 1985 Quetta 252; PLD 1964 Kar. 588; PLD 1967 Lah. 762, PLD 1981 SC 522; PLD 1980 Pesh. 177; PLD 1973 SC 49; PLD 1961 Lah. 786; PLD 1954 FC 123; PLD 1991 SC 376; 1992 CLC 986 and 1986 SCMR 622 ref. (b) Cooperative Societies Act (VII of 1925)--- ---S. 54---Legal action by member of Society against Society---Effect---Member of Society can take legal action against Society, if Society has no jurisdiction to do act complained of---Where Society was debarred from altering Master Plan, conduct of member by challenging such act of Society…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492