2022 SCMR 1171 SUPREME-COURT

Case information

Citation: 2022 SCMR 1171 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Subject matter: Criminal
Provisions referred to: S. 126---C; Preamble---Companies Ordinance (XLVII of 1984); Companies Act; Companies Ordinance (XLVII of 1984); Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mrs. NAILA NAEEM YOUNUS VS INDUS SERVICES LIMITED When more than one interpretation is fairly and reasonably possible, then that which leads to manifest absurdity or injustice must be avoided. Head NotesCase Description Citation Name: 2022 SCMR 1171 SUPREME-COURTBookmark this Case Mrs. NAILA NAEEM YOUNUS VS INDUS SERVICES LIMITED Preamble---Companies Ordinance (XLVII of 1984) [since substituted by the Companies Act, 2017], Preamble---Companies are governed by their own self-contained law, which special law should not be overridden, or its scope curtailed, unless the legislative intent to do so is evident---Such legislative intent, must be unambiguously clear when adversely affecting proprietary rights. Head NotesCase Description Citation Name: 2022 SCMR 1171 SUPREME-COURTBookmark this Case Mrs. NAILA NAEEM YOUNUS VS INDUS SERVICES LIMITED S. 126---Companies Ordinance (XLVII of 1984) [since substituted by the Companies Act, 2017], Ss. 152 & 153---Limitation Act (IX of 1908), First Sched. & Art. 181---Fraudulent transfer of shares---Rectification of company's register, application for---Limitation period---Article 181 of the First Schedule to the Limitation Act, 1908 does not apply to applications filed under the company law including one for rectification of company's register of members or denture-holders---Legislative intent is not to prescribe a period of limitation for filing such rectification application. Head NotesCase Description

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