| Citation(s) |
|---|
| 1962 SLG = 1962 SLD 2608 = 1962 PLD 46 |
West Pakistan
Review No. 34 of 1960-61, decided on 24th October 1961, District Bahawalnagar.
Presented By: A. M. Khan Leghari Member Board of Revenue
Review No. 34 of 1960-61, decided on 24th October 1961, District Bahawalnagar.
Presented By: A. M. Khan Leghari Member Board of Revenue
Captain KHAIR-UD-DIN AND ANOTHER-Petitioners
VERSUS
THE STATE-Respondent
Law:
Section:
West Pakistan Board of Revenue Act (XI of 1957), S. 8-- Review-Not competent where enactment under which relief claimed did not provide for Review-Northern India Canal and Drainage Act (VIII of 1873), S. 33-[P L D 1958 W. P. (Rev.) 39 rel.]. ORDER This is a review petition against the appellate order dated 15 3-1961, by Nasir Ahmad, M. B. R., whereby he had accepted the petitioner's revision to the extent of reducing the penalty imposed under section 33 of the Canal and Drainage Act, 1873, from three times to twice the normal rates. The preliminary question for adjudication is whether this review is competent in view of the rule laid down by Full Board in P L D 1958 W. P. (Rev.) 39. In that ruling my learned brothers I. U. Khan, R. A. Mahamadi and A K. Malik, M. B. Rs. were pleased to give the finding that the Board of Revenue can entertain revision petitions under section 5 (2) of the Board of Revenue Act 1957, only if there is a provision for revision in a particular Act under which the case had been decided and since the N. W. F. P. Restitution of…