Law:

Section:

Life Insurance (Nationalisation) Order, 1972 (10 of 1972)-------Art. 22---Cooperative Societies Act (VII of 1925), S.70---Constitution of Pakistan (1973), Art.185(3)---Question as to whether or not S.70, Cooperative Societies Act, 1925 was attracted to an application moved under Art.22 of the Life Insurance (Nationalisation) Order, 1972 being of first impression and there being no reported case-law on the point, leave to appeal was granted by Supreme Court. Bulram Singh v. Dudh Nath and others AIR 1949, All 100 ref. JUDGMENT MUHAMMAD AFZAL LONE, J.---In these four petitions (Nos.109, 110, 111 and 112, all of 1992), leave to appeal is sought from the High Court's order dated i1-12-1991, which arose out of proceedings commenced by the State Life Insurance Corporation of Pakistan, under Article 22(I)(g) of the Life Insurance (Nationalization) Order; 1972 against the respondents on the plea that in violation of the provisions of Insurance Act, 1978, they misused the assets and income of the life insurance business of the Cooperative Insurance Society of Pakistan Limited, petitioner No.l herein. 2. The respondents objected to the maintainability-of these proceedings on the ground that requirements of section 70 of the Cooperative Societies Act, 1925 had not been complied with. This section ordains:- "No suit shall be instituted against a society or any of its officers in respect of any act touching the business of the society until the expiration of two months next after notice in writing has been delivered to the Registrar, or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left." The Tribunal seized of the proceedings, as defined in section 2(h) of the Order was the one set up under section 110 of the Insurance Act, 1938. The contention of the respondents before the Tribunal was that an application under Article 22 fulfils the requisites of a suit, which term is not defined in the Order or the General Clauses Act, and even in the Civil Procedure Code; section 26 whereof lays down; every…

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