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Revival of proceedings

Revival of proceedings legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2016 CLD 1572 PESHAWAR-HIGH-COURT Judicial Precedent
Ss. 284, 285 & 305Application for winding up of companyLiquidation proceedingsRevival of proceedingsScope

Arrangement, during winding up proceedings, was sanctioned between impleaded company and creditor but such arrangement was not complied with

Effect

Company Judge had jurisdiction under Ss. 284 & 285 of Companies Ordinance, 1984 not only to sanction an arrangement but also to ensure its compliance and award consequences in case of its violation

Order passed by Company Judge under deeming provision on failure of sanction arrangement was an order of winding up of the company

Jurisdiction of Company Judge to pass an order reviving winding up proceedings was provided under S.285(2) of Companies Ordinance, 1984

No cogent reasons were provided by impleaded company for non-payment of terms of settlement and for High Court to provide any further indulgence to impleaded company to continue in retaining possession of the companies

High Court revived liquidation proceedings of companies and liquidators were allowed to proceed with winding up proceedings of companies

Application was allowed accordingly.

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Precedents & Case Laws citing "Revival of proceedings"

MLD 1994
N/A

1994 M L D 308

MUD SHAFI and others — Petitioners Versus Mirza MUSHTAQ and others — Respondents

Court: Lahore
SCMR 1989
Civil Petition for Leave to Appeal No.283-R of 1988, decided on 26th October, 1988.

1989SCMR595

Messrs DELITE HOUSE LTD. — Petitioner Versus FAYYAZ AKBAR — Respondent

Court: High Court
PLD 1962
Criminal Appeal No. 10‑D of 1961, decided on 1st March, 1962.

P L D 1962 Supreme Court 242

ABUL HOSSAIN SANA‑Appellant Versus SUWALAL AGARWALA AND ANOTHER‑Respondents

Court: (b) Criminal Procedure Code (V of 1898)-----Ss. 403 & 253 ---Effect of order of discharge‑Revival of proceedings not permitted without re visional of Court's order: I L R 29 Cal. 726 and I L R 28 Cal. 652 considered
SCMR 1996
Civil Review Petition No. 136 in Civil Petition No. 345 of 1993, decided on 18th October, 1994.

1996SCMR1006

SHAH MUHAMMAD and another‑‑‑Petitioners Versus MUHAMMAD HUSSAIN and another‑‑‑Respondents

Court: Supreme Court of Pakistan
PLD 1997
Constitutional Petition No. D‑843 of 1996, heard on 12th November, 1996. .

P L D 1997 Karachi 444

ABRAR AHMED KHAN‑‑‑Petitioner Versus THE SINDH LABOUR APPELLATE TRIBUNAL,

Court:
SCMR 1990
Civil Petition for Leave to Appeal No. 605 of 1986, decided on 25th July, 1989.

1990 S C M R 988

Ch. MUHAMMAD MUSHTAQ AHMAD CHEEMA‑‑‑Petitioner Versus GOVERNMENT OF THE PUNJAB through Secretary, Forestry and Wildlife Department‑‑‑Respondent

Court: High Court
CLC 1988
First Appeal from Order No. 14 of 1988, decided on 5th April, 1988.

1988 C L C

Messrs DELITE HOUSE LTD.‑‑Petitioner Versus FAYYAZ AKBAR‑‑Respondent

Court: Lahore
PLD 1962
Criminal Appeals Nos. 336 and 339 of 1960, decided on 24th January 1961.

P L D 1962 Dacca 671

MD. HASAN ALI CHOWDHURY.AND OTHERS‑Appellants Versus THE STATE‑Respondent

Court:
CLC 2001
Civil Revision No.74‑D of 1986, heard on 5th October, 2000.

2001CLC314

SAID MUHAMMAD ‑‑‑Petitioner Versus PROVINCE OF THE PUNJAB through

Court: Lahore
MLD 1993
1992-October-21

1993 M L D 1437

ABDUL AZIZ — Appellant Versus YAHYA and 4 others — Respondents

Court: Karachi