Case Details

Citation(s)
1973 SLD 3073 = 1973 PLD 200
Court of Special Judge, Karachi
Petition No. 402 of 1967, decided on 22nd September 1972.
Imdadally H. Agha, J
Matloob Hussain Siddiqui for Petitioners. Abdul Sattar for
Respondents.

ALI MUHAMMAD AND 8 OTHERS-Petitioners

VERSUS

CHIEF SETTLEMENT COMMISSIONER AND 2 OTHERS-Respondents

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

Section: 12(2), 15

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 12(2) & 15 read with Displaced Persons (application for Compensation) Rules, 1959, r. 4 and Memo. No. 7223-Comp.-Reh./59 dated 16-11-59-Displaced person whose claim verified under Act arid registered under S. 12-Acquires a vested right to receive payment out of compensation and rent pools-Rule 4 of Displaced Persons (Application for Compensation) Rules, 1959 imperative and Settlement Authorities under statu tory obligation to issue Compensation Book-Right to receive Compensation Book includes right to obtain a duplicate book on proof of bins fide loss of original. Messrs Ali Bakhsh & Sons v. Additional Settlement Commis sioner and another P L D 1968 Lah. 1227 ; Mutter v. Eastern Midland Railway (1888) 38 Ch. D. 92 ; Additional Settlement Commissioner (Accounts and Records), Lahore and another v. Messrs S. Ali Bakhsh & Sons 1969 S C M R 330 and Writ Petition No. 1392/1 of 1962 ref. (b) Interpretation of statutes-Language used in statute falling short of object of Legislature-Court can give extended meaning to words used if they are susceptible of it. Maxwell's Interpretation of Statutes, 1962 Edn., p. 66 ref. Date of hearing; 17th August 1972.                                                                                                         JUDGMENT This is a Constitutional Petition under Article 98 of the late Constitution of Pakistan (1962) which has been filed by the nine petitioners named heroin. The first three petitioners, namely, Ali Mohainmad. Sultan Mohammad and Gut Mohammad are the sons of Wali Mohammad. The petition is against the Chief Settlement Commissioner Sind at Hyderabad, the Senior Accounts Officer, Settlement Department, Karachi and the Deputy Settle ment Commissioner, Karachi. 2. The relevant facts briefly are these ; All the 9 petitioners are claimants displaced persons. Said Wall…
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