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Latest Judgments (All Jurisdictions within Pakistan)

JAMIA DARUL ULOOM ISLAMIA THROUGH PRESIDENTCHAIRMAN VS ILYAS

Citation: 2016 PCrLJ 1777

Case No: CRA No. S-237/2014

Judgment Date: 27-08-2015

Jurisdiction: Sindh High Court

Judge: Justice Syed Muhammad Farooq Shah

Summary: Summary pending.

Inam Ullah Khan VS AKSA Solutions Development Services Pvt. Ltd and others

Citation: 2019 CLD 355

Case No: Companies Original-1-2014

Judgment Date: 27/08/2015

Jurisdiction: Islamabad High Court

Judge: Justice Athar Minallah

Summary: Background: The petitioner, a shareholder holding 50% in a company, sought relief under sections 290, 291, and 292 of the Companies Ordinance 1984, alleging that other shareholders and directors (collectively referred to as the "Respondent Group") acted oppressively to reduce the petitioner’s ownership and rights within the company. The petitioner claimed that various actions, including an Extraordinary General Meeting (EOGM) and increase in authorized capital, were conducted unlawfully and without proper notice, diluting his shareholding. -----Issues: 1- Did the conduct of the Respondent Group amount to oppression under the Companies Ordinance? -----2- Were the actions taken in relation to the EOGM and share allocation in violation of the petitioner’s rights? -----3- Was the petition maintainable under section 290, or should the petitioner have sought remedies under section 160(A)? -----Holding/Reasoning/Outcome: The court found that the Respondent Group conducted the company’s affairs in a manner that was oppressive to the petitioner. The actions, including the EOGM and share dilution, lacked fairness, probity, and were intended to exclude the petitioner from decision-making. The court observed that the Respondent Group’s failure to provide timely and adequate notice for the EOGM and their refusal to reschedule meetings prevented the petitioner from exercising his shareholder rights. This conduct was deemed "oppressive" as it constrained the petitioner and shifted the power balance unjustly. The court set aside the resolutions and decisions taken in the contested EOGM and ordered the Securities and Exchange Commission of Pakistan (SECP) to oversee any future share allotments and EOGM proceedings to ensure fair treatment of all shareholders. -----Citations/Precedents: Taj Woolen Mills Ltd. v. Muhammad Younas - PLD 1982 Lahore 664 Muhammad Rafiq Moti v. Pakistan - PLD 1983 Karachi 589 Naseer A. Sheikh v. Commissioner of Income Tax (Investigation) - PLD 1992 S.C. 276 Mathalone and others v. Bombay Life Assurance Co. - AIR 1953 S.C. 385 Nanalal Zaver v. The Bombay Life Assurance Co. - AIR 1949 Bombay 56 Neelofar Shah v. Ofspace Pvt. Ltd. - 2013 CLD 114 Ch. Muhammad Hussain v. Khaali Paper and Board Mills - 2005 CLC 636 National Bank of Pakistan v. Baluchistan Wheels Ltd. - 2004 CLD 1100 Associated Biscuits International Ltd. v. English Manufacturers Ltd. - 2003 CLD 815 Re: Companies Act, 1973 and another - PLD 1983 Karachi 45 N.I.I. Ltd. v. N.I.H. Ltd. - AIR 1981 S.C. 1298 Mohan Lal Chandumall v. Punjab Co. Ltd. - AIR 1961 Punjab Haryana 485 Muhammad Afzal Munsif v. National Finance and Investment Services Ltd. - 1998 CLC 695

Mst.Nagina Gul Ali vs Tariq etc

Citation: 2016 MLD 1619

Case No: Cr.M BCA No.118-A /2015

Judgment Date: 27/08/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.302,109 PPCOverwhelming evidence,previous enmity,prima facie connected with offence (BCA allowed)

Faqir Hussain vs State

Citation: N/A

Case No: Cr.M BA No.1368/2015

Judgment Date: 27/08/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.324,427,34 PPC: Ineffective firing,common intention wants further inquiry(Bail allowed)

Assadullah vs State

Citation: N/A

Case No: Cr.M B.A No.1311-P/2015

Judgment Date: 27/08/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.302/148/149 PPCCommon intention & specific role wants further inquiry(Bail allowed)

Khalid Vs State

Citation: N/A

Case No: Cr.M BA No. 1343-P /2014

Judgment Date: 27/08/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.15/17 AA,7 ATALack of evidence,no previous history,15/17 AA do not fall within prohibitory clause (Bail allowed)

Rajab Ali Shah vs Revenue Officer etc

Citation: 2016 YLR 548

Case No: CR No.355-D

Judgment Date: 27/08/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.7 Mussalman waqf Validating Act 1913:Definition & management of Waqf property

Application by Abdul Hakeem Khoso

Citation: PLD 2014 SC 350, 2015 SCP 72

Case No: Const.P.46/2013

Judgment Date: 27/08/2015

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Jawwad S. Khawaja

Summary: The main issue discussed in the order was the unilateral extension of a natural gas mining lease by the Federal Government after its expiry, which was a source of displeasure for the Province of Balochistan. The Province had cited Article 172(3) of the Constitution, which stipulates joint and equal ownership of mineral oil and natural gas within the Province. The Federal Government had indicated its intent to involve the Government of Balochistan in resolving the matter.Additionally, the court noted that substantial amounts owed by oil and gas companies for marine research fees, social welfare obligations, and production bonuses had been recovered. The Director General Petroleum Concessions reported that Rs. 111 billion had been recovered from these companies.The court also emphasized the need for a monitoring mechanism for projects funded by the recovered amounts. It highlighted the lack of local governments in certain provinces and instructed the provinces of Sindh, Balochistan, and KPK to file reports detailing the monitoring mechanisms for the funds spent on various projects. The Secretary of the Law and Justice Commission of Pakistan was directed to devise a monitoring and evaluation framework to ensure proper utilization of funds received from oil and gas companies.Furthermore, the court requested a report from the I.T. Department of the Government of KPK regarding its commitment to devising a monitoring mechanism. The case was scheduled to be relisted after two weeks.

Messrs ARBAB COTTON INDUSTRIES AND OIL MILLS through Partner vs ASKARI BANK LIMITED through Manager

Citation: 2017 CLD 554

Case No: R.F.A. No. 327/2014

Judgment Date: 26/08/2015

Jurisdiction: Lahore High Court

Judge: Shahid Karim and Muzamil Akhtar Shabir, JJ

Summary: Summary pending

AHMED HUSSAIN VS THE STATE

Citation: 2016 YLR 1503

Case No: CRL. MISC. No. 3948-B/2015

Judgment Date: 26-08-2015

Jurisdiction: Lahore High Court

Judge: Justice Hafiz Shahid Nadeem Kahloon

Summary: Summary pending.

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