| Citation(s) |
|---|
| 2004 SLG 2592 2004 SLD 2592 2004 PLD 1 |
Sindh High Court
Constitutional Petitions Nos. D-1662 and D-1480 of 1999, decided on 28th May, 2003. DATE of hearing: 6th February, 2003
MUHAMMAD ROSHAN ESSANI AND MUSHIR ALAM, JJ
H.A. Rehmani and Mumtaz Ahmed Shaikh for Petitioners (in C.P. No. D-1662 of 1999). Saif-ud-Din, Ali Muhammad Memon, Nadeem Azhar Siddiqui, D.A.G. and Sarwar Khan, Addl. A.G. for
Respondents
Constitutional Petitions Nos. D-1662 and D-1480 of 1999, decided on 28th May, 2003. DATE of hearing: 6th February, 2003
MUHAMMAD ROSHAN ESSANI AND MUSHIR ALAM, JJ
H.A. Rehmani and Mumtaz Ahmed Shaikh for Petitioners (in C.P. No. D-1662 of 1999). Saif-ud-Din, Ali Muhammad Memon, Nadeem Azhar Siddiqui, D.A.G. and Sarwar Khan, Addl. A.G. for
Respondents
Mst. AQILA BEGUM and anothers
VS
PAKISTAN EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD and others
Law: Co-operative Societies Act, 1925
Section: 54,70A
Law: Transfer of Property Act, 1882
Section: 8
Law: Civil Procedure Code (V of 1908)
Section: O.XLI,R.23
Law: Constitution of Pakistan, 1973
Section: 199
(a) Cooperative Societies Act (VII of 1925)-------- --------Ss. 54 & 70-A---Matter relating to Cooperative Society---Bar of jurisdiction---Essential conditions highlighted. Section 54 read with section 70-A of Cooperative Societies Act, abdicates jurisdiction of the Court in respect of the matter in which jurisdiction to decide and dispose of the controversy rests either with Provincial Government, the Registrar or his nominee or any other person empowered under the Act of 1925 or the Rules or By-Laws framed thereunder. All acts, deeds, orders and actions taken by any functionary under Cooperative Societies Act, which may touch or relate to the business of Society and have direct bearing on any member or a person claiming through a member of the Society, if both such conditions are fulfilled, then effective remedy is provided under Cooperative Societies Act. Such bar of jurisdiction can effectively be invoked in a dispute, which relates or touches the business of Society, such dispute may be by and between the members, past members or any person claiming through or under such member or by such person against the past or present officer of the Society or inter se between Society and/or its Committee. (b) Cooperative Societies Act (VII of 1925)------- ---------Ss. 54 & 70-A---Constitution of Pakistan (1973), Art. 199---Matter relating to Cooperative. Society---Constitutional petition--Maintainability---Party raising plea of availability of alternate and efficacious remedy to petitioner under Cooperative Societies, Act, 1925----Mandatory conditions to be satisfied, stated. Where maintainability of petition is challenged on premise of availability of efficacious and alternate remedy in the case of a Cooperative Society; party raising such plea has to demonstrate, firstly, that petitioner is member or is claiming through a member, secondly, that the matter in controversy touches or relates to the business of Society and lastly, that dispute is between member or person claiming through a member and Society or by and between the Committee of Society or between any of the said persons inter se. First mandatory and foremost condition to invoke jurisdiction…
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