1989 PLP 4338 (MLD)
| Citation | 1989 PLP 4338 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Saeeduzzaman Siddiqui, J. |
| Parties | |
| Primary Law | Companies Ordinance (XLVII or 1984) |
Q1: What are the key laws and sections cited in 1989 PLP 4338 (MLD)?
This judgment primarily cites: Companies Ordinance (XLVII or 1984) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4338 (MLD)?
The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui, J..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4338 (MLD) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Habibur Rehman for Petitioner.
- Farooq H. Niak for Respondent.
Headnotes / Summary
Ss.2rX1, 291, 76(5) & 152--Succession Act (XXXIX of 1925), S.372--Succession to deceased Director of Company--All three owners and Directors of company died in accident leaving behind several heirs--Heirs of any one of deceased .I Directors claiming to be his successor, held, would be duty bound to have first obtained succession certificate in respect of share of that deceased Director before they could maintain their petition under Ss.290 & 291 of the Ordinance.
Judgment & Decree
Ss.2rX1, 291, 76(5) & 152--Succession Act (XXXIX of 1925), S.372--Succession to deceased Director of Company--All three owners and Directors of company died in accident leaving behind several heirs--Heirs of any one of deceased .I Directors claiming to be his successor, held, would be duty bound to have first obtained succession certificate in respect of share of that deceased Director before they could maintain their petition under Ss.290 & 291 of the Ordinance. Habibur Rehman for Petitioner. Farooq H. Niak for Respondent. This petition under sections 290 and 291 read with sections 76(5) and 152 of the Companies Ordinance, 1984 is filed by one Tariq Alvi and Mst. Rehana Alvi. It is an admitted position that the company was owned by three persons namely Noor Muhammad, Khalid Alvi and Mst. Shagufta Yasmeen, who were also the Directors of the said company. All the above named three persons died in an accident leaving behind several heirs, out of whom 5 arc minors and rest of them arc majors. One of these heirs is Tariq Alvi and the other is Rehana Alvi who have filed the present petition. It is admitted by the learned counsel for the petitioner that in the application which was moved before this Court being SMA No.208 of 198 the shares belonging to Noor Muhammad, Khalid Alvi and Mst. Shagufta Yasmeen were not the subject matter and they were left over in view of the pendency of this petition. In view of the fact that Tariq Alvi and Mst. Rehana Alvi were not originally the share-holders of the company and they claim now to be the shareholders as a result of devolution of interest on account of death of Noor Muhammad it is incumbent on them to have first obtained succession certificate in respect of the share of Noor Muhammad before they could maintain this petition. At this stage learned counsel for the petitioner requests that hearing of this petition may be adjourned to enable the petitioner to obtain necessary succession certificate in respect of shares of Noor Muhammad, Khalid Alvi and Mst. Shagufta Yasmeen. I accordingly adjourn hearing of this petition for a period of two months to enable the petitioner to obtain the necessary Succession Certificate. H.B.T./S-448/K Order accordingly.