Law: Companies Ordinance, 1984

Section: 152

(a) Companies Ordinance (XLVII of 1984)--Ss. 152 & 9(3)---Rectification of Register of members, application for---Civil suit---Maintainability--High Court being the Court of "original jurisdiction" under the Companies Ordinance, 1984, is empowered under S.152 of the Ordinance to entertain the application for "correction/rectification of the register of members" in the first instance, and thereafter if it reached to the conclusion, by taking into consideration the application, reply thereto and the documents produced before it, that the matter is out of the purview of the summary procedure as provided under S.9(3) of the Ordinance, it may refer/advise the party to approach the Civil Court for resolution of the controversy in issue---Principles. Messrs Ammonia Supplies Corporation Private Ltd. Messrs Modern Plastic Containers (Pvt) Ltd and others AIR 1994 Delhi 51; Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356; Sh. Mushtaq Ahmad v. Shaukat Soap Factory and others 1987 CLC 2079; Khurshid Ahmad Khan and another v. Pak Cycle Manufacturing Company Ltd. Shandara and 4 others PLD 1987 Lah. 1; Zakir Latif Ansar and another v. Pakistan Industrial Promoters Ltd. and 2 others 1988 CLC 1541; Syed Shafqat Hussain v. Registrar, Joint Stock Companies Lahore and others PLD 2001 Lah. 523; Messrs Sunrise Textile Limited and others v. Mashreq Bank PSC and others PLD 1996 Lah. 1; Brother Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543; .Black's Law Dictionary; Manzoor Ahmad Bhatti and 4 others v. Haji Noval Khan and 5 others 1986 CLC 2560; Zakir Latif Ansari and others v. Pakistan Industrial Promoters Ltd. and others 1988 CLC .154; Muhammad Hussain v. Dawood Flour Mills and others 2003 CLD 1429 and Messrs Ammonia Supplies Corporation (P) Ltd. v. Messrs Modern Plastic Containers (Pvt.) Ltd. and others AIR 1998 Delhi 3153 ref. (b) Constitution of Pakistan (1973)--- ----Art. 175(2)---"Original civil jurisdiction of High Court"---Concept and connotation. The term "original jurisdiction" means "jurisdiction in the first instance", jurisdiction to take cognizance of a cause at its inception, try it, and pass upon the law and…

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