Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 3

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 3

Law: Law Reforms Ordinance, 1972

Section: 3(2)

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-------S. 3---Law Reforms Ordinance (XII of 1972), S.3(2)---Intra-Court Appeal--Maintainability-Right of appeal---Allotment of excess land made in favour of respondents was cancelled by Settlement Authorities vide order dated 26-2-1973 and vide order dated 28-8-1991 authorities permitted to allot excess land to informers---High Court in exercise of Constitutional jurisdiction set aside the order passed by authorities and petition was allowed---Plea raised by respondent was that Intra-Court Appeal was not maintainable as order dated 26-2-1973, was assailed in Constitutional petition, when evacuee laws were not repealed and provision of appeal was available with appellant---Validity---Constitutional petition had arisen out of proceedings with regard to transfer of property in dispute inasmuch as original order was passed on 26-2-1973, which was subject to appeal, when the same was passed---Such was sufficient to satisfy requirement of section 3 (2) of Law Reforms Ordinance, 1972, which was attracted---Intra-Court Appeal was not maintainable as barred by section 3 (2) of Law Reforms Ordinance, 1972---Intra-Court Appeal was dismissed in circumstances. Mst. Wazir Begum and others v. Member Board of Revenue/Chief Settlement Commissioner and others (2000 SCMR 989 distinguished Mst. Karim Bibi and others v. Hussain Bukhsh and others PLD 1984 SC 344 and Ch. Nazir Ahmed v. Molvi Masood-ur-Rehman Khan and 6 others PLD 2008 Lah. 405 rel. Muhammad Asadullah Siddiqui for Appellants Muhammad Shahzad Shaukat for Respondents Date of hearing: 22nd November, 2010. JUDGMENT CH. MUHAMMAD TARIQ, J.--- This single judgment shall dispose of ICA No.255 of 2006 and ICA No.256 of 2006, as common questions of law and facts are involved therein. 2. The instant ICA has been directed against the judgment dated 25-4-2006 passed by the learned Single Bench in Writ Petition No.269-R of 1992. 3. Brief facts of the case as narrated in this writ petition are that Dewan Bukhsh and Fazal Hussain migrated to Pakistan and submitted their claims being refugees from Jummuand Kashmir State. The claims were verified by the Central…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492