| Citation(s) |
|---|
| 2015 SLG 659 2015 SLD 659 2015 YLR 427 |
Supreme Court (AJ&K)
Civil Appeals Nos. 2 and 3 of 2010, heard on 12th June, 2014. (On appeal from the judgment of the High Court dated 14-12-2007 in Writ Petition No. 10 of 1993 and 24 of 1995)
MUHAMMAD AZAM KHAN, C.J. AND CH. MUHAMMAD IBRAHIM ZIA, J
Sardar Muhammad Suleman Khan for Appellants (in C.A. No. 2 of 2010). Barrister Humayun Nawaz Khan for
Respondents (in C.A. No. 2 of 2010). Syed Habib Hussain Shah for Appellants (in C.A. No. 3 of 2010). Barrister Humayun Nawaz Khan for
Respondents (in C.A
Civil Appeals Nos. 2 and 3 of 2010, heard on 12th June, 2014. (On appeal from the judgment of the High Court dated 14-12-2007 in Writ Petition No. 10 of 1993 and 24 of 1995)
MUHAMMAD AZAM KHAN, C.J. AND CH. MUHAMMAD IBRAHIM ZIA, J
Sardar Muhammad Suleman Khan for Appellants (in C.A. No. 2 of 2010). Barrister Humayun Nawaz Khan for
Respondents (in C.A. No. 2 of 2010). Syed Habib Hussain Shah for Appellants (in C.A. No. 3 of 2010). Barrister Humayun Nawaz Khan for
Respondents (in C.A
ABDUL LATIF KHAN and 7 others
VS
NAZIRAN BEGUM and 5 others AND TALIB HUSSAIN vs NAZIRAN BEGUM and 15 others
Law: Pakistan (Administration of Evacuee Property) Act, (XII of 1957)
Section: 43(6)
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 42,42B
(a) Pakistan Administration of Evacuee Property Act (XII of 1957)--- ----S. 43(6)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Appeal to Supreme Court---Allotment of land---Cancellation---Review petition before Custodian of Evacuee Property--- Limitation--- Custodian of Evacuee Property dismissed review petition on the ground that limitation for filing the same was 30 days but writ petition was accepted by the High Court---Validity---If an application for review was filed before the Custodian of Evacuee Property then same had to be made within a prescribed period---If Custodian of Evacuee Property felt necessary to review his own order or the order of his predecessor at his own then he was at liberty to review the order at any time after giving notice to the concerned party and Rehabilitation Authority as the justice of the case might require---Limitation for filing review petition was 30 days---Review was not filed within limitation before the Custodian of Evacuee Property which was time barred and was correctly dismissed---Impugned passed by the High Court was set aside and that of Custodian of Evacuee Property was restored---Appeal was accepted in circumstances. Muhammad Iqbal and 3 others v. Custodian of Evacuee Property and 17 others 1996 SCR 359; Zaffar Iqbal v. Abdul Aziz and another 1998 CLC 286; Abdul Aziz v. Muhammad Ashraf and 8 others 1998 SCR 204; Mst. Amir Begum and 7 others v. Custodian of Evacuee Property and another 2001 YLR 3287; Muhammad Arif Khan v. Jahandad Khan 1993 SCR 230; Manzoor Ahmed v. Muhammad Sabbir and 2 others 2001 PLC (CS) 50; Custodian of Evacuee Property AJ&K, Muzaffarabad v. Muhammad Najeeb and another 1999 YLR 2310; Muhammad Jan and 5 others v. Custodian of Evacuee Property AJ&K Muzaffarabad and 2 others 2001 CLC 1149 and Khawaja Ghulam Qadir and another v. The Custodian Evacuee Property and 13 others 2002 SCR 183 ref. Abdul Aziz v. Muhammad Ashraf and 8 others 1998 SCR 204 distinguished. Mst. Amir Begum and 7 others v. Custodian of Evacuee Property and another 2001 YLR 3287 and Muhammad Jan and 5 others v. Custodian of Evacuee Property AJ&K Muzaffarabad and 2 others 2001 CLC 1149 rel.…
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