Law:

Section:

(a) Land Reforms Act (II of 1977)--- ----S. 25---Notification No.2(112)92-G-II, dated 8-3-1995---Constitution of Pakistan, Art 185(3)---Abatement of pending proceedings---Power of Federal Government under S.25, Land Reforms Act, 1977 to issue notification---Scope---Leave to appeal was granted by Supreme Court to consider, the pleas, primarily, whether the Federal Government was vested with the power under S.25 of the Act to issue Notification No.2(112)92-G-II, dated 8-3-1995 which was illegally set aside by the High Court; the application of two s of Supreme Court in Qazalbash Waqf and others v. Chief Land Commissioner, Punjab, Lahore and others PLD 1990 SC 99 and Chief Land Commissioner, Punjab and others v. Chief Administrator of Auqaf, Punjab and others PLD 1998 SC 132 to the present case, upon which reliance was placed by the High Court in passing the impugned and also to consider the contentions raised by the respondents' Counsel inter alia, the scope of S.25 of the Act and whether it could be resorted to after 18 years Qazalbash Waqf and others v. Chief Land Commissioner, Punjab, Lahore and others PLD 1990 SC 99 and Chief Land Commissioner, Punjab and others v. Chief Administrator of Auqaf, Punjab and others PLD 1998 SC 132 ref. (b) Abatement--- ----Connotation---Creation of vested right in favour of the party, who would benefit due to the abatement---Where the legislature in its wisdom had made the course of abatement conditional, or subject to any limitations or where it was provided to save, resurrect or exclude any category of proceedings from the realm thereof, the abatement shall not take effect otherwise than, as strictly prescribed by the law. The expression 'Abatement' has variable meanings however in relation to the legal proceedings, certainly it connotes to put an end to, to do away with, to nullify, to make void; conveying a complete and absolute termination of the proceedings, thus if the provisions of law relating to abatement are unambiguous, unqualified, definite and unrestricted, in that, where directly or indirectly no exception thereto is caused or attached, the abatement shall be ipso jure. i.e. by the law itself; by the operation of…

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