Law: Registration of Claims (Displaced Persons) Act, (III of 1956)

Section: S. 7 (3)

Registration of Claims (Displaced Persons) Act (III of 1956), S. 7 (3)-Powers under S. 7 (3) include powers of transfer of case.   Registration of Claims (Displaced Persons) Act (III of 1956), Sched. III-Whether binding on "industrial concern" Question of fact.   Writ-Finding of fact-When High Court may Interfere --Constitution of Pakistan (1956), Art. 170.   While dealing with questions of fact, the High Court would not, in the exercise of writ jurisdiction, exercise more powers than it would if the finding of fact had been given by a District Judge, that is, that its correctness would be doubted only if it is based on no evidence at all or on a misreading of evidence, or if some relevant evidence has not been taken into consideration, or some irrelevant evidence has been taken into consideration. JUDGMENT   SHABIR AHMAD, J.-By this petition presented under Art 2 (4) of the Laws (Continuance in Force) Order, 1958, in which originally there were two respondents, namely, the Claims Com missioner, Pakistan, respondent No. 1, and the Chief Settlement Commissioner, Lahore, respondent No. 2, Mr. M. A. Hafeez of 142-G, Model Town, Lahore, seeks relief which can be clearly understood only if that paragraph of the writ petition, in which the relief is sought, is fully comprehended. It is for this reason that paragraph 15 of the petition is reproduced below: -   "Therefore it is humbly prayed that a writ of certiorari/ prohibition or any other writ, direction or order, appropriate in the circumstances of this case, be issued calling for the record of Claim No. 342995 and the order of the respondent No. 1, dated E-4-60, be quashed the same being illegal, arbitrary, capri cious, against natural justice, ultra vires, void and inoperative and the respondent No. 2 be directed not to implement the order in dispute of the respondent No. 1, and the costs of this writ petition be allowed against the respondents."   2. Some of the material facts maybe mentioned before the questions of law that arise are taken up. The petitioner is a refugee from Nagpur, which is now a part of India, and came to Pakistan in 1951. His case is that…