Law: Companies Act, (VII of 1913)

Section: 2

(a) Companies Act (VII of 1913), Ss. 2(2) & 254-Company means company formed and registered under Companies Act--­Every company is not joint stock company-Joint stock company must have permanent or fixed capital-Co-operative society registered under Bombay Co-operative Societies Act (VII of 1925)-­Not a company, but a corporation. (b) Bombay Co-operative Societies Act (VII of 1925), S. 68­ Relevant for purposes of considering applicability of Companies Act (VII of 1913) to Co-operative Societies, but not relevant for ­including applicability of Companies Act (VII of 191,3) to Pakistan (Administration of Evacuees Property) Act (XII of 1957). (c) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 22-Order of Custodian on reference by Registrar of Co-operative Societies in respect of status of Co-operative Society, whose members migrated to India, being of general or abstract nature cannot be described decision as to evacuee status of society. (d) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 2(2) (d), (e)-Corporation becomes evacuee, if its business ceases, on account of partition, wholly or partially, or is carried on by persons whose authority to do so has not been accepted or approved by custodian. (e) Pakistan (Administration of Evacuee Property) Act (XII, of 1957), S. 22-Application not filed within limitation-Liable to be dismissed. JUDGMENT QADEERUDDIN AHMED, J.-This petition under Article 98 of the Constitution is .directed against the order of the Custodian of Evacuee Property, West Pakistan, dated the 15th of June 1963 and the order of the Settlement and Rehabilitation Commissioner, Karachi, Hyderabad and Khairpur Divisions, dated the 3rd of December 1960. 2. The facts which form the backgrounds of this petition, briefly stated, are that Khudabadi Amil Agricultural Co-operative Bank and Association Ltd., Hyderabad, was a co-operative Society registered under the Bombay Co-operative Societies Act, 1925. It had 2 to 3 thousand members, all of whom migrated to India after partition. It owned some land which is situated in Deb Almani, Taluka Hyderabad; and a house bearing No. B-31-1749 which is situated in…

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