Al-Haj ABDUR RAB vs MOBARAKULLAH AND ANOTHER — 1971 PLD 857

Citation: 1971 PLD 857

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-19

Parties: Al-Haj ABDUR RAB vs MOBARAKULLAH AND ANOTHER

Headnotes

Case cited as PLD 1971 Supreme Court 857

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan Title: Al-Haj ABDUR RAB vs MOBARAKULLAH AND ANOTHER Case No.: Criminal Appeal No, 2-D of 1969 Date of Judgment:1971-02-19 Reported As: PLD 1971 Supreme Court 857 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J. --This appeal, by special leave, is directed against the judgment of a Division Bench of the High Court of East Pakistan, dismissing a criminal application filed under section 215 read with sections 435 and 439, Cr. P. C. for the quashment of an order of Mr. M. S. Uddin, Magistrate 1st Class, Noakhali, committing the appellant to stand his trial in the Court of Session on charges under section 406/408/467 of the Pakistan Penal Code. The appellant is the managing director of a private limited company, called Delta Agency Ltd., which has its office at Chowmohani. This company has 21 shareholders, of whom the complainant is one. Its share capital of Rs, 5 lacs divided into 5 thousand ordinary shares of rupess one hundred each. By a resolution dated the 19th of May 1963, this company appointed the appellant to be its managing director. One of the objects for which this company was formed was to establish, erect and maintain a jute mill. In fulfilment of this object the same shareholders constituted another company, called the Delta Jute Mills Ltd., on the 27th of May 1965. Its share capital was Rs, one crore and fifty lacs. One crore was to be raised…

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