Jurisdiction
JURISDICTION OF HIGH COURT IN CORPORATE MATTERS
PROLOGUE:-
Legislature has always attempted to enact so much comprehensive law as nothing is left out of it's ambit. This must always have been present in the mind of the legislature that conflicts and disputes of legal nature are part and parcel of every transaction and corporate sector is no exception to it. The need to resolve these disputes primarily needs a body which adjudicates such disputes. This authority is bestowed on the courts of law by the legislature to resolve disputes of corporate sector. This authority as , for courts of law we call it “jurisdiction” gives the courts power to adjudicate the conflicts and disputes of corporate nature. A court has to conform to such power under a statute. The relevant provisions regarding jurisdiction are section 7 to 10 of the Companies Ordinance, 1984 whereby trial courts, hierarchy for appellate jurisdiction and procedure have been discussed for different matters enumerated in different sections of the Ordinance. Study of history of company law reveals that this jurisdiction was vested in the “Court of Chancery” through the “Winding up of Railway Companies Act 1846” and from that time there always has been a court of law vested with jurisdiction over the corporate matters and rules are not contrary to this in Pakistan.
JURISDICTION DEFINED AS: BLACK’S LAW DICTIONARY
It is the power of the court to decide a matter in controversy and pre supposes the existence of a duty constituted wit h control over the subject matter and the parties.
JURISDICTION DEFINED
Jurisdiction (from the Latin ‘ius’, ‘iuris’ meaning "oath" and ‘dicere’ meaning "to speak") is the practical authority granted to a formally constituted legal body deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area
PROLOGUE:-
Legislature has always attempted to enact so much comprehensive law as nothing is left out of it's ambit. This must always have been present in the mind of the legislature that conflicts and disputes of legal nature are part and parcel of every transaction and corporate sector is no exception to it. The need to resolve these disputes primarily needs a body which adjudicates such disputes. This authority is bestowed on the courts of law by the legislature to resolve disputes of corporate sector. This authority as , for courts of law we call it “jurisdiction” gives the courts power to adjudicate the conflicts and disputes of corporate nature. A court has to conform to such power under a statute. The relevant provisions regarding jurisdiction are section 7 to 10 of the Companies Ordinance, 1984 whereby trial courts, hierarchy for appellate jurisdiction and procedure have been discussed for different matters enumerated in different sections of the Ordinance. Study of history of company law reveals that this jurisdiction was vested in the “Court of Chancery” through the “Winding up of Railway Companies Act 1846” and from that time there always has been a court of law vested with jurisdiction over the corporate matters and rules are not contrary to this in Pakistan.
JURISDICTION DEFINED AS: BLACK’S LAW DICTIONARY
It is the power of the court to decide a matter in controversy and pre supposes the existence of a duty constituted wit h control over the subject matter and the parties.
JURISDICTION DEFINED
Jurisdiction (from the Latin ‘ius’, ‘iuris’ meaning "oath" and ‘dicere’ meaning "to speak") is the practical authority granted to a formally constituted legal body deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area