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

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---   ------ S. 2 (6) Second proviso [as amended by Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Ordinance (LIH of 1959)] - Central Government Notification No. F-1 (27) 59-SI dated 26-10-59-Benefit of Notification accrues only if there is no one "otherwise entitled" to transfer of property.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----   ---- S. 2 (6) [as amended by Displaced Persons Com pensation and Rehabilitation) (Amendment) Ordinance (I of 1959)]- Words "in pursuance" Possession without allotment order -Subsequently regularised by order of allotment-Possession prior to date of allotment, held, legal possession within meaning of definition-Prior allotment to be preferred to allotment of later date-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Schd. para. 1   Muhammad Iqbal Khan v. Chief Settlement Commissioner and others P L D 1963 Lah. 11 distinguished.   (c) Constitution of Pakistan (1962)------   --Art. 98-Question of fact-Finding, arrived at by Tribunal of exclusive jurisdiction, erroneous or contrary to record-Question can be decided afresh by High Court exercising writ jurisdiction on materials placed before High Court -- Chief Settlement Commissioner transferring property to B wrongly assuming him to be prior allottee and erroneously holding that A had no valid allotment in his favour- Error committed by Chief Settlement Commissioner, held, error of law justifying issue of writ Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 25. Habibullah Khan and another v. Election Tribunal, Jhang P L D 1962 Lah. 797 ; Saleh Muhammad v. Muhammad Roz P L D 1962 Lah. 68 and Muhammad Mohsin Siddiqi v. Chief Judge, Karachi Small Cause Court P L D 1956 Kar. 203 ref.   (d) Displaced Persons (Compensation, and Rehabilitation) Act (XXVIII of 1958)---   ------ S. 2 (4) [as amended by Displaced Persons (Compensation and Rehabilitation) Ordinance (LIII of 1959)]- Notification No. 6481 p-Reh/59-Deputy Rehabilitation Commis…