| Citation(s) |
|---|
| 2013 SLG 2585 2013 SLD 2585 2013 YLR 1226 |
Supreme Court (AJ&K)
Civil Appeal No. 60 of 2005 and Civil Appeal No. 39 of 2008,decided on 3rd December, 2012. (On appeal from the judgmentof the High Court dated 9-10-2005 in Writ Petition No. 290of 2004). DATE of hearing: 16th May, 2012
RAJA SAEED AKRAM KHAN AND SARDAR MUHAMMAD SADIQ KHAN, JJ
Asghar Ali Malik for Appellant (in Civil Appeal No. 60 of 2005). Syed Nazir Hussain Shah Kazmi for
Respondent No. 1 (in Civil Appeal No. 60 of 2005). Abdul Rashid Abbasi and Raja Muhammad Hanif Khan (in Civil Appeal No. 60 of 2005). Sardar Shahid Hamid Kh
Civil Appeal No. 60 of 2005 and Civil Appeal No. 39 of 2008,decided on 3rd December, 2012. (On appeal from the judgmentof the High Court dated 9-10-2005 in Writ Petition No. 290of 2004). DATE of hearing: 16th May, 2012
RAJA SAEED AKRAM KHAN AND SARDAR MUHAMMAD SADIQ KHAN, JJ
Asghar Ali Malik for Appellant (in Civil Appeal No. 60 of 2005). Syed Nazir Hussain Shah Kazmi for
Respondent No. 1 (in Civil Appeal No. 60 of 2005). Abdul Rashid Abbasi and Raja Muhammad Hanif Khan (in Civil Appeal No. 60 of 2005). Sardar Shahid Hamid Kh
Mirza ABDUL AZIZVsMUHAMMAD AYUB and 2 othersCivil Appeal No.39 of 2008Mst. SHARBAT BIBIvsMUHAMMAD SADIQUE KHAN and 5 others
Law:
Section:
(a) Appeal--- ----Remedy of appeal, revision or review for being creation of statute always could not be self assumed by any court, tribunal or authority. (b) Azad Jammu and Kashmir Rehabilitation Act, 1956--- ----Ss.12 & 13---Azad Jammu and Kashmir Rehabilitation Rules, 1953, R.10---Azad Jammu and Kashmir Adaptation of Laws Act (I of 1959), S.3---Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss.18-A, 18-B and 43(6)---Cancellation of allotment of evacuee property---Order passed by Custodian of Evacuee Property in exercise of revisional jurisdiction under S.12 of Azad Jammu and Kashmir Rehabilitation Act, 1956---Review of such order by Custodian---Scope---No express provision existed in the Azad Jammu and Kashmir Rehabilitation Act, 1956 to vest Custodian with powers of review, such order thus had attained finality---Powers available to Custodian under S.43(6) of Pakistan Administration of Evacuee Property Act, 1957 could be exercised regarding orders passed by him under provisions thereof, but same could not be exercised in relation to orders passed under provisions of Azad Jammu and Kashmir Rehabilitation Act, 1956---Words "any order" as used in S.43(6) Pakistan Administration of Evacuee Property Act, 1967 would not only include order classified in S.43(1)(4) thereof, but would include orders falling within purview of statutory provision thereof and not the orders passed under provision of any other statute or law---Finality attributed to order mentioned in S. 18-B(3) of said Act referred to other forums and courts would not abridge, control or curtail review powers conferred on Custodian under S. 43(6) thereof---Principles. Bashir Ahmed Khan v. Custodian and others 1992 SCR 149; Azmatullah and another v. Ali Bahadur and another 1996 CLC 254; Faqir Muhammad v. Hazoori and another PLD 1981 AJ&K 28 and Hussain Bakhsh v. Settlement Commissioner Rawalpindi and others PLD 1970 SC 1 ref. Inamur Rehman v. Federation of Pakistan and others 1992 SCMR 563 and Muhammad Yousaf v. M. Irshad Sipra and others 1988 CLC 2475 rel. (c) Interpretation of statutes--- ----Principles to be followed by courts stated. No doubt interpretation of a statute or…
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