Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Dispute relating to registration of shares purchased by petitioner in the register of shareholders--­No dispute of title between the parties---Civil Court was not a proper forum for settlement of dispute between the parties---Even if Civil Courts were the proper forum, petitioners could not get adequate relief due to the nature of dispute between the parties---Constitutional petition was thus, maintainable in circumstances. Zakir Latif Ansari v. Palo Industrial Promotors Ltd. 1988 CLC 1541 Khursheed Ahmad Khan v. Pak Cycle Manufacturing Co. Ltd. PLD 1987 Lah. 1; Shaikh Mushtaq Ahmad v. Shoukat Soap Factory 1987 CLC 2079; The Beco Industries Ltd. v. Karachi Municipal Corporation PLD 1976 Kar. 1011 and Viqar Ahmad Malik v. Bisvil Spinners (Pvt.) Ltd. 1991 CLC 110; 1991 CLC 110 and 1987 CLC 2079 ref. Federation of Pakistan v. Choudhry Muhammad Aslam 1986 SCMR 916 and Major (Rtd) Muhammad Sabir Khan v. Govt. of Pakistan through Secretary Ministry of Interior Islamabad and 2 others 1986 CLC 930 rel. (b) Marketing and Petroleum Products (Acquisition and Compensation) Rules, 1974--- R. 3(2)---Declaration regarding holding of shares--Essentials---Declaration under R.3(2), Marketing and Petroleum Products (Acquisition and Compensation) Rules 1974, did not require the transferee to enquire into the character and status of the past owner of the shares and make a declaration about his character and status---Such declaration merely required the transferee to declare that he was not a "benamidar" of those shares. (c) Constitution of Pakistan (1973)--- ----Art. 199---Marketing and Petroleum Products (Acquisition and Compensation) Rules, 1974, R.3(2)---Authority's decision being based on incorrect interpretation of R.3(2), Marketing and Petroleum Products (Acquisition and Compensation) Rules 1974, was declared to be of no legal effect and nullity---Mandatory injunction was issued directing Authority to register shares purchased by petitioner in the register of shareholders and give all consequential benefits to it. (d) Marketing and Petroleum Products (Acquisition and…

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