Sheikh KAMRAN SHAFI vs SADAQAT SHAFI Ss — 2025 CLD 1165 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLD 1165 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLD
Parties: Sheikh KAMRAN SHAFI vs SADAQAT SHAFI Ss
Subject matter: Civil
Provisions referred to: S. 265; Civil Procedure Code (V of 1908); Companies Ordinance

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

Sheikh KAMRAN SHAFI VS SADAQAT SHAFI Ss. 265, 290, 291 & 292---Civil Procedure Code (V of 1908), O.VII, R. 11---Oppression and mismanagement---Rejecting of proceedings---Wrong provision of law---Converting of petition---Petitioners alleged that respondents acted with mala fide and had deprived them of their shareholding and directorship in an illegal manner---Respondent sought rejection of petition on the plea that it was not maintainable---Validity---Mentioning of wrong provision of law in petition does not prevent Court from exercising its proper authority and appropriate jurisdiction vested under law, keeping in view circumstances of a case---High Court declared that petition under Ss. 290, 291 & 292 of Companies Ordinance, 1984 was not maintainable and the same was converted into a petition under S. 265 of Companies Ordinance, 1984---High Court directed Securities and Exchange Commission of Pakistan to proceed into the matter and appoint inspectors to investigate into the affairs of the company after issuing show cause notice as per law---Petition was disposed of accordingly. Citation Name: 2025 CLD 1165 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh KAMRAN SHAFI VS SADAQAT SHAFI arts. 23 & 24---Property rights---Scope---Valuable property rights must not be allowed to be negated, unless law clearly and expressly stipulates that such rights would expire with efflux of time---No person can be compulsorily deprived of his property rights save in accordance with law---Right to hold and dispose of property envisaged in art. 23 of the Constitution would be vitiated if a person's right to property is declared in such manner that another who is not entitled thereto become its owner.

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