AKMIDC Act, 1971

  1. Legal person — right to sue and be sued on its name — Government Sanction not required — AKMIDC is an autonomous body which according to statutory provision, is a legal person having legal right to sue and be sued. In this legal position, the provisions of the Law Department Manual regarding Government sanction for filing of appeal are not applicable. AKMIDC v. Muhammad Shafique 2015 SCR 882 (A)
  2. Section.3(2) — autonomous body — authority to sue — AKMIDC is a statutory body constituted under the statute known as Azad Jammu and Kashmir Mineral and Industrial Development Corporation Act, 1971 and vested with authority to sue. AKMIDC v. M. Shafique 2015 SCR 882 (B)
  3. Section 3(2) — sue — term — connotation — The term “sue” in this statutory provision, in our opinion is used in a broader sense including all types of litigations. The statutory provision of general law i.e., Law Department Manual are not attracted in presence of special law, i.e Act, 1971, hence, in relation to litigation by the AKMIDC, sanction of the Government is not required for filing or defending any case in the Courts. AKMIDC v. Muhammad Shafique 2015 SCR 882 (C) 2013 SCR 621 ref.
  4. Section 3 (2), AKMIDC Act, 1971 — read with — Rule 47, AJ&K Rules of Business, 1985 — autonomous bodies — independent in their spheres assigned under relevant laws — after combined analysis of the provision of subsection 2 of section 3 of Act, 1971 read with Rule 47 of the Rules of Business, 1985, it becomes obviously clear that the autonomous bodies are the independent organs in the sphere of their functions assigned to them under the relevant laws. AKMIDC v. Muhammad Shafique 2015 SCR 882 (D) 
error: Content is protected !!