Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: S.20 (2)

  Displaced Persons (Compensation and Rehabilitation) Act (JI`XVIII of 1958), S.20 (2) read with subsection (5)- Chief Settlement Commissioner's powers of revision-Section 20 (2) does not confer "right" to lodge application for revision, but application, if lodged, not incompetent-Calling of record, on an application, not incumbent on Chief Settlement Commissioner-Nor hearing applicant before summary dismissal of application Words and Phrases-"May," not synonymous wish "shall" in S. 20 (2) Subsection (5) (comes into play only where order impugned is altered -Failure to hear in revision not. against natural justice.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 20 (2)-Order in revision, dismissing application, passed by Settlement Commissioner (Policy) instead of by Chief Settlement Commissioner-Order withdrawn and .subsequently Chief Settlement Commissioner passing order of dismissal-Order not invalid.   (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 20 (2) read with S. 32-A --Chief Settlement Commissioner may pass an order in revision ` on report" of Settlement Commissioner (Policy) or Deputy Settlement Commissioner-Instructions to prepare reports may be of "general character" and not necessarily "in particular cases".     JUDGMENT   SHABIR AHM.AD, J.-The questions that require determination are common to this Letters Patent Appeal and Letters Patent Appeals Nos. 227 of 1960 and 228 of 1960 and, therefore, all the three appeals, which are directed against judgments of my brother Bashir Ahmad, J. will be disposed of by this order.   This appeal is directed against the order of my brother Bashir Ahmad in Writ Petition No. 486/R of 1960. Letters Patent Appeal No. 227 of 1960 is directed against the order of the same learned Judge in Writ Petition No. 577/R of 1960, while Letters Patent Appeal No. 228 of 1960 is directed against his order in Writ Petition No. 580/R of 1960.. In the three writ petitions mentioned above, relief had been sought against the orders of the Chief Settlement Commissioner, who had…