Corporation

2022 MLD 548 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss.9(a)(iv) & 9(a)(vi)Criminal Procedure Code (V of 1898), S.265-KConstitution of Pakistan, Art.199Constitutional petitionQuashing of proceedingsIllegal pecuniary advantage, absence ofLoss suffered by CorporationPetitioner was facing trial before Accountability Court

Allegation against petitioner was that he was member of Investment committee and on its recommendations investment made by the Corporation resulted into loss

Validity

Such was not one committee merely, which decided to go for restructuring but a whole lot of them plus Board of Directors chose to do so after weighing several options offered by FDIBL for settlement and consulting the matter with legal experts

When everyone concerned was on the Board and behind such decision question whether each one of them was acting with mens rea in order to cause loss to national exchequer and gain to himself was not likely to be answered in affirmative

Any incorrect decision wreaking havoc to the Corporation did not mean that it was the result of some action or omission constituting an offence

Even if it was so, each one participating in the process acted with ill intent and was criminally liable for it unless some relevant evidence to that end with specific role of the one shown concerned had been found

Petitioner was just a part of a decision for recovery of lost investment, which had gone wrong and had caused alleged loss to the Corporation

In the capacity of one of the Members of Board of Directors and Investment Committee could not be held criminally liable for, it, in absence of any evidence pointing out to his actus reus combined with mens rea to make personal gain and to cause such a loss

Charge containing such allegations against petitioner was groundless and there was no likelihood or probability of conviction of petitioner on the basis of material available with prosecution

High Court quashed proceedings against petitioner

Constitutional petition was allowed accordingly.

2011 PLC(CS) 744 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Legal status of corporation stated.

2008 CLD 576 KARACHI-HIGH-COURT-SINDH Judicial Precedent

DamageCorporationMental torture

Private limited company cannot sue for damages of its feelings like mental torture.

2008 CLD 576 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O.XXIX, R.1TortMental tortureCorporationScope

Private limited company cannot sue for damages of its feelings like mental torture.

2008 CLC 965 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O. XXIX, R. 1TortMental tortureCorporationScope

Private limited company cannot sue for damages of its feelings like mental torture.

2007 PLC(CS) 1085 NORTHERN AREAS CHIEF COURT Judicial Precedent

Classes of

Generally corporation created by the authority of parliament can be divided into four classes i.e. (i) corporation directly created by Public General Acts of Parliament, (ii)' Corporation created by registration under Public General Acts of Parliament authorizing the members of a profosed corporation to apply for its incorporation, (iii) Corporation created by Special Act (namely Local or Personal) e:' Parliament and (iv) Corporation created under the authority delegated by the Acl of Parliament.

1990 PLD 612 SUPREME-COURT Judicial Precedent

History of inception of "Corporations"- -Corporations, associations, companies, cooperative societies or trusts in Pakistan are created under statutes or by an executive order under the authority delegated by an act of the Parliament.

1967 PLD 1251 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

(e) Corporation-Legal entity, distinct and separate from its members.

1962 PLD 59 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Corporation -Life of corporation to be counted from day of incorporation in spite of having functioned as an unincorporated body previously-[Natal Land and Colonization Company Limited v. Pauline Colliery and Development Syndicate, Limited 1904 A C 120 (P C) and Wearne Brothers, Ltd. v. The Russa Engineering Works Ltd. and others I L R 7 Rang. 144 (P C.) ref.].