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Petitioner: A. REHMAN VS Respondent: TEHSILDAR LAHORE and another
Court Name: Lahore High Court Judge(s): Malik Muhammad Qayyum Title: A. REHMAN vs TEHSILDAR LAHORE and another Case No.: W.P. No,1184 of 1972 Date of Judgment:1991-06-09 Reported As: 1993 CLC 1222 Result: Petition allowed
JUDGMENT
JUDGMENT ' The petitioner claims to be the Managing Director of Progressive Journalists Ltd. a company incorporated under the Companies Act, 1913. It appears that M/s. Associated Press of Pakistan respondent No,2 herein approached Tehsildar Lahore respondent No,1 for the recovery of Rs,9023 from the petitioner as arrears of land revenue. This demand has been challenged by the petitioner by filing this Constitutional petition. 2. I have heard the learned counsel for the petitioner. No one has entered appearance' on behalf of the respondents. 3. Relying on the certificate of incorporation, Annexure 'A' to this petition it is contended by the learned counsel for the petitioner that M/s. Progressive Journalists Ltd. From whom the money is allegedly due is a Company incorporated under the Companies Act, 1913 and the petitioner even though its Managing Director has no personal liability. The respondent has not filed any written statement disputing these assertions. It needs no gainsaying that in law a company is a distinct entity separate from its share-holders and the Directors and the liability of the company cannot be passed on to its Directors personally. 4. The other contention of the learned counsel is equally well-founded. It is apparent on the face of the record that while determining that the amount in question is due and payable by the petitioner, no opportunity to the petitioner of being heard was granted by the respondents. For this reason also the proceedings for recovery are not sustainable. ' For the reasons aforesaid this petition is allowed without any order as to costs.