Case Details

Citation(s)
1991 SLG 1013 1991 SLD 1013 1991 SCMR 561
Supreme Court of Pakistan
Civil Appeal No.1118 of 1990, dates of hearing: 6th and 7-11-1990. decided on 21st November, 1990 (From the judgment/order of Lahore High Court, Lahore, dated 16-6-1990 passed in Writ Petition No.167 of 1990)
SHAFIUR RAHMAN, S. USMAN ALI SHAH AND SAJJAD ALI SHAH, JJ

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RIASAT ALI GONDAL, CHIEF MANAGER, NATIONAL INDUSTRIAL COOPERATIVE FINANCE CORPORATION

LIMITED, GUJRANWALA ZONE

THE REGISTRAR/DEPUTY COMMISSIONER, COOPERATIVE SOCIETIES, ISLAMABAD and others

Law:

Section:

Multi-Unit Cooperative Societies Act (VI of 1942)--Ss. 3-A & 4---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether under S.3-A of the Act, power was available to the Registrar, Cooperative Societies/Deputy Commissioner for appointing the Administrator or his jurisdiction stood excluded by S.4 of the said Act. (b) Multi-Unit Cooperative Societies Act (VI of 1942)-- ----Ss. 2, 3, 3-A & 4---Expression "actually registered" has been used to distinguish a situation where the registration is deemed to exist elsewhere for specified purposes---Corporation having been actually registered in Punjab and having 85 Branches throughout the Province of Punjab had its head office in Lahore and registered in Islamabad---By merely having its registered office at Islamabad, the place of its actual registration would not shift nor could be deemed to shift to that territory---Actual place of registration in the case of Corporation would remain in Lahore and the law applicable for the purposes of registration, control and dissolution would be the same that applies in the Province of Punjab---Registrar, Cooperative Societies/Deputy Commissioner, Islamabad thus could not exercise jurisdiction except for the limited purpose of audit, inspection and/or calling for the information and returns---Mere submission by such Corporation to jurisdiction of Registrar Cooperative Societies/Deputy Commissioner Islamabad would not either amount to estoppel or approbate and reprobate or blowing hot and cold in the same breath. (c) Multi-Unit Cooperative Societies Act (VI of 1942)-- ----Ss. 3-A & 4---Cooperative Societies Act (VII of 1925), Ss.10, 12 & Sched. A--­Central Registrar of Cooperative Societies---Jurisdiction---Central Registrar, Cooperative Societies appointed under S.4 of the Act could oust the jurisdiction of the Provincial Registrar for the place where the Society/Corporation was actually registered---Appointment of Deputy Commissioner, Islamabad Capital Territory under the Act as Registrar, Cooperative Societies was not as Central Registrar of Cooperative Societies but as the Registrar Cooperative Societies for the Federal…
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