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The CRESCENT TEXTILE MILLS LIMITED vs SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP) through Chairman S — 2026 CLD 749 ISLAMABAD

Case information

Citation
2026 CLD 749 ISLAMABAD
Court
Islamabad High Court
Year
2026
Reporter
CLD
Parties
The CRESCENT TEXTILE MILLS LIMITED vs SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP) through Chairman S
Subject matter
Criminal
Provisions referred to
S. 3

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

The CRESCENT TEXTILE MILLS LIMITED VS SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP) through Chairman S. 3(2), 'proviso'---Constitution of Pakistan, Art. 199---Intra-court appeal---Maintainability---Proceedings, meaning and scope of---Appeal lies to a Bench of two or more Judges of a High Court from an order made by a Single Judge of that High Court under clause (1) of Art. 199 of the Constitution, not being an order made under sub-paragraph (i) of paragraph (b) of that clause---The proviso to subsection (2) of S. 3 of the Ordinance of 1972 provides that the appeal referred to in subsection (2) of S. 3 shall not be available or competent of the application brought before the High Court under Art. 199 arises out of any proceedings in which the law applicable provides for at least one appeal or one revision or one review to any court, tribunal or authority against the original order---Proceedings is not confined to a particular stage, order or forum; rather, it denotes the entire course of action prescribed by law, commencing from the initial invocation of jurisdiction and continuing through all subsequent steps taken in furtherance of the cause---The expression refers to proceedings taken under a statute which provides a structured mechanism for enforcement of rights, typically involving a hierarchy of authorities---Therefore, proceedings encompass all stages under the statute, including the initial action, intermediate steps and subsequent remedies such as appeal, revision or review---Each of these stages is merely a step in the same proceedings and not an independent or separate proceeding---It, therefore, commences with the first step whereby the machinery of law is set in motion, such as the filing of an application, and continues until the matter is finally concluded---All intermediary stages are integral parts of the same proceedings, being steps towards achieving the ultimate objective contemplated by the law---Proviso to subsection (2) of S. 3 of the Ordinance, 1972 is proceedings-specific and not parties-specific.

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