Case Details

Citation(s)
2007 SLG 2632 2007 SLD 2632 2007 CLC 1542
Lahore High Court
Writ Petition No.511 of 2007, decision dated: tithe June, 2007.
MAULVI ANWARUL HAQ AND SYED SAKHI HUSSAIN BOKHARI, JJ

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Rana ZULFIQAR

VS

JUDICIAL OFFICER/LIQUIDATOR, PUNJAB COOPERATIVE BOARD FOR LIQUIDATION

Law:

Section:

(a) Punjab Undesirable Cooperative Societies (Dissolution) Ordinance (I of 1993)-------S. 11---Limitation Act (IX of 1908), Ss.5 & 29(2)(b)---Application to Cooperatives Judge under S.11 of Punjab Undesirable Cooperative Societies (Dissolution) Ordinance, 1993---Delay, condonation of---Provision of S.5 of Limitation Act, 1908 would not apply to such application. (b) Punjab Undesirable Cooperative Societies (Dissolution) Ordinance (I of 1993)--- ----S. 11 [as amended by Punjab Undesirable Cooperative Societies (Dissolution) (Amendment) Ordinance (LIII of 1999)]---Provisional Constitution Order (I of 1999), Art.5-A(1)---Constitution of Pakistan (1973), Art.270-AA---Application to Cooperatives Judge under S.11 of Punjab Undesirable Cooperative Societies (Dissolution) Ordinance, 1993---Period of limitation for such application prescribed under S.2 of Punjab Undesirable Cooperative Societies (Dissolution) (Amendment) Ordinance, 1999---Validity---Amending Ordinance, 1999 was promulgated on 9-10-1999, Proclamation of Emergency was issued on 14-10-1999, Art.270-AA of the Constitution protected Provisional Constitution Order, 1999, Art.5-A of which saved Ordinances issued before 14-10-1999---Provision of Amending Ordinance, 1999 prescribing limitation for such application, thus, stood validated. Sh. Khurshid Iqbal for Petitioner. ORDER Feeling aggrieved of order, dated 12-4-2006 passed by the respondent, the petitioner filed an application under section 11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993. This application has been rejected by a learned Cooperative Judge of this Court vide order, dated 22-9-2006 holding the application to be barred by time. 2. Learned counsel contends that after deducting the time for preparation of the copies, the application was within time. He further contends that the period of limitation i.e. 60 days from the date of the order of the Judicial Officer was prescribed vide section 2 of the Punjab Undesirable Cooperative Societies (Dissolution) Amendment Ordinance, 1999 (Ordinance No.1III of 1999). This Ordinance was promulgated on 9-10-1999 and was never placed before the Legislature in accordance with the…
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