Law: Companies Ordinance, 1984

Section: 161

(a) Companies Ordinance (XLVII of 1984)--Ss. 161, 6 & 31---Contract Act (IX of 1872), Chap. X [Ss. 182 to 238]---Proxies, nature of---Right to vote by proxy--­Scope--Proxies are agents of shareholders and are governed by law of Agency---Vote on a poll can be given either personally or by proxy---Such right expressly conferred on a member under S.161(1) of Companies Ordinance, 1984 not available by virtue of its proviso to members of a company not having a share capital---Memorandum and Articles under S.31 of Companies Ordinance, 1984, bind company and its members subject to provisions of the Ordinance--­Any provision contained in Memorandum and Articles, agreement or resolution to the extent of its repugnancy to provisions of the Ordinance would be void under S.6 thereof---Section 161 of the Ordinance is a special provision excluding its application to companies not having share capital---All other provisions being general provisions, cannot override special provisions applicable to a particular class of companies---[Messrs Muzaffar Poultry Farm v. Pakistan Poultry Association and others PLD 1992 Kar. 181 dissented from]. Messrs Muzaffar Poultry Farm v. Pakistan Poultry Association and others PLD 1992 Kar. 181 dissented from. (b) Interpretation of statutes--- ---- Proviso to section---Cuts down meaning of such section---Function of proviso---To restrict, limit or qualify enacting part to which same is attached, but not to nullify enacting part or render it wholly inoperative. Yousaf Ali Khan, Bar-at-Law v. Muhammad Javed Iqbal Cheema, Esq. Additional District Judge Lyallpur and 6 others PLD 1975 Lah. 1339; Syed Shabbar Raza Rizvi, Advocate v. The Government of the Punjab and 2 others PLD 1988 Lah. 501 and Mian Rafi-ud-Din and 6 others v. The Chief Settlement and Rehabilitation Commissioner and 2 others PLD 1971 SC 252 rel. (c) Interpretation of statutes--- ----Court itself could not add into or delete any word from any section of an enactment. (d) Estoppel --- ----No estoppel against a statute. (e) Companies Ordinance (XLVII of 1984) --- ----S.160-A---Setting aside proceedings of meeting ---Scope--­Proceedings of meeting could be invaliaated, if there had…

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