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

Section:

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),Sch. paras. 15 & 15-A-Transfer of industrial concern-Central Government's order under para. 15-A only "supplementary" to provisions of para. 15-Priority of para. 15 to orders under para. 15-A" Transfer" In para. 15 (4) means "trans ferable" - Central Government's order under para. 15-A No. F. 3 (1)/59-60 (Clms.) dated 14-11-1959.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),Sch. para. 15 (2) - "Lumping" together of separately verified claims of "joint" owners of Industrial concern in India who have applied "jointly" for such a concern in Pakistan-Permissible for purpose of para. 15 (2)-"Separate" verifications of claims of "joint" owners immaterial.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),Sched. para. 15 (2)-Interim management of industrial concern-"Entirely" within province of Chief Settle ment Commissioner.   Writ-Grounds-Not permissible which were not raised before Authority against whose order relief is sought by writ --Constitution of Pakistan (1956), Art. 170. JUDGMENT   The Chief Settlement and Rehabilitation Commissioner by his order dated the 3rd of May 1960 (Annexure A) directed the transfer of Raghu Ram-Tulsi Ram Re-Rolling Mills, Badami Bagh, Lahore to Messrs Muhammad Ramzan-Muhammad Ismail and Muhammad Ibrahim respondent No. 1. It was further directed that on the basis of the Investment made by Messrs Chiragh Din and Ghulam Muhammad petitioners, they would be associated with the transferees in the purchase of the above mentioned concern. Lastly, it was directed in the order that the transferees would be entitled to work the above concern on behalf of the Chief Settlement Commissioner, Pakistan, on the usual conditions of allotment until its permanent transfer was sanctioned. Both the parties and some others filed review petitions against this order which were ultimately disposed of by the Chief Settlement and Rehabilitation Commissioner by his order dated the 17th of October 1960…