Law: Companies Ordinance, 1984

Section: 316

Law: Civil Procedure Code (V of 1908)

Section: 316,115

Law: Customs Act, 1969

Section: 55(1)(c),55

(a) Customs Act (IV of 1969)- S. 55(1)(c) Liability of authorized shipping agent Scope Agent's liability under S.55(1)(c) of the Customs Act, 1969, is not independent of his principal Such liability is co extensive with the carrier and unless claim is admitted before holding agent liable, the claimant should establish his claim for damages or short delivery against carrier. Crescent Sugar Mills and Distil and Ltd. v. American Export Isbrandt Inc. PLD 1983 Kar. 29 and Barjorjee Cawasji v. Habib Insurance Co. PLD 1975 Kar. 194 ref. (b) Companies Ordinance (XLVII of 1984)--S. 316 Winding up of company Proceedings against such company Leave of Company Judge Object Principle underlying S.316 of the Companies Ordinance, 1984, is that property remains vested with the Company but the liquidator is the trustee for the benefit of all the creditors, and therefore, one creditor cannot be placed at an advantageous position and permitted to derive the benefit to the exclusion of other creditors. (c) Civil Procedure Code (V of 1908) S. 115 Revision Concurrent findings of fact by the Courts below Interference by High Court in exercise of revisional jurisdiction Scope Such jurisdiction cannot be exercised against the concurrent findings of facts unless such findings are the result of wrong appraisal of the evidence Assumption of jurisdiction against the law amounts to exercise of the jurisdiction illegally and erroneously and the same is amenable to the revisional jurisdiction of High Court. Haji Rehmdil v. The Province of Baluchistan 1999 SCMR 1060 ref. (d) Companies Ordinance (XLVII of 1984) S. 316 Customs Act (IV of 1969), S.55 Civil Procedure Code (V of 1908), S.115 Revision Concurrent findings of fact by the Courts below Recovery from company under winding up proceedings Failure to get leave of the Company Judge Dispute was with regard to short delivery of consignment Suit was filed against the carrier as well as shipping agent which was concurrently decreed by both the Courts below against the carrier and the agent Agent raised the plea that as the carrier company was under liquidation, therefore, proceedings without permission of the Company Judge under 5.316 of the…

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