Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 , 199

  Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S.10---Constitution of Pakistan (1973), Art. 199----Constitutional petition-- Delay in filing---Competency---Petitioners prosecuting their cause with promptitude and without negligence---Petitioner had filed his revision petition before High Court under provisions of S.21, Displaced Persons (Land Settlement) Act, 1958 which was admitted to regular hearing but was found to be incompetent after six years---Petitioner, thereafter, immediately filed constitutional petition---Principle of laches was thus not applicable to the facts of present case as there was neither any negligence nor inaction or acquiescence in prosecution of the caste Constitutional petition was thus competent in circumstances. Haji Ghulam Hussain v. Hamid Hassan Khan and another PLD 1969 Lah. 147 ref. Lindsay Petroleum Company v. Prosper Armstrong Hurd, Abram Farewell and John Kemp V Law Reports (Privy Council) 221; Muhammad Ismail Qureshi v. Gulab Din and others 1988 SCMR 1001 and Pakistan Post Office v. Settlement Commissioner and others 1987 SCMR 1119 rel. Pakistan Rehabilitation Act (XLII of 1956)--- ---Preamble---Displaced Persons (Land Settlement) Act (XLVII of 1958), Preamble---Object, scope and import of Pakistan Rehabilitation Act, 1956 and Displaced Persons (Land Settlement) Act, 1958 stated. The Rehabilitation Act, 1956 was intended to rehabilitate the displaced persons coming from India while the Displaced Persons (Land Settlement) Act, 1958 aimed to settle these allottees permanently in order to integrate them in the economic life of the nation without any hazards and doubts to their future. Therefore, both the Acts with different fields had the common object; however, provisions in Displaced Persons (Land Settlement) Act (XLVII of 1958) shall have a precedence over the Pakistan Rehabilitation Act (XLII of 1956) being later Act. Interpretation of statutes--- ---- Whenever two affirmative enactments on the same subject are in field, later has a precedence over the previous Act---New statutory remedies given in the later law would also prevail. Craies on Statute Law rel. Displaced Persons (Land Settlement) Act…