Law: Companies Ordinance, 1984

Section: 152

(a) Companies Ordinance (XLVII of 1984)----S. 152---Petition under 5.152, Companies Ordinance, 1984 alleging that name of a person was fraudulently or without sufficient cause entered in or omitted from the register of company---Power of Court to ratify the Register---Scope. In a petition under section 152 of the Companies Ordinance, 1984 the Court has to make all efforts to decide all the questions arising in the petition to give finding whether the transfer of the shares from the name of the petitioner was fraudulent or not, instead of asking the aggrieved party to get the same decided by a Civil Court instead by the High Court in exercise of its Company Jurisdiction as question involved is intricate question of law and fact. The legislature intended to rectify register of the company if the name of any person is fraudulently or without sufficient cause entered in or omitted from the register of members and Court while dealing with the application has to decide the question relating to the title of any person who is a party to the application to have his name entered in or omitted from the register. The question "whether name of any person is fraudulently or without sufficient cause entered in or omitted from the register?" is a question which can normally be answered on the basis of evidence and such evidence can be recorded in the form of affidavit or otherwise, dependent upon the nature of each case, but merely because matter required recording of evidence, the parties can be deprived of their rights which otherwise can be granted to him to redress his grievance in summary manner under the Companies Jurisdiction instead of asking him to go under a lengthy civil litigation. Jawahar Mills Ltd. Salem v. Shah Mulchand and Co. Ltd. AIR 1951 Mad. 572; Syed Shafqat Hussain v. Registrar, Joint Stock Companies, Lahore PLD 2001 Lah. 523; The New Jhelum Transport Co. Ltd. (In Liquidation), Jhelum v. Malik Nazir Ahmed PLD 1977 Lah. 217; Rohail Hashmi v. Nabeel and others 2003 CLD 201; Akbar Ali Sharif v. Syed Jamaluddin 1991 MLD 203; Zakir Latif Anwari and others v. Pakistan Industrial Promoters Ltd. 1988 CLC 1541 and Muhammad Mohsin Butt v. Muhammad Inayat Butt 2005…

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