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

Section:

(a) Writ-Parties----   -----Impleading Chief Settlement Commissioner "by name" as respondent-grit petition not specifically directed against orders of Subordinate Officers-Effect-Writ, will not bind such subordinates-Issuance of grit not of any practical utility--Constitution of Pakistan (1956), Art. 170.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---   -------S. 16-Settlement Schemes-Rules-Provisions "subject to rules framed under Act" prevail over provisions of Schemes to extent of repugnancy.   The Schemes made under section 16, Displaced Persons (Compensation and Rehabilitation) Act, 1958, are subject to the rules framed under the Act. The rules for permanent transfer notified on the 13th of May 1961, to the extent of repugnancy, therefore, prevail over the provisions of the Scheme. Thus, instead of the title-deed contemplated in paragraph 41 of Scheme 1, the entry in the register mentioned in rule 3 of the Rules will confer permanent proprietary rights on the transferees.   (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)   -------S. 10-Transfer order passed by Deputy Settlement Commissioner, no legal bar to entertainment of subsequent applications of transfer.   The simple fact that the Deputy Settlement Commissioner had passed an order of transfer will not, by itself, take the property out of the compensation pool as contemplated in section 10 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and the argument that this section was a bar to the entertainment of another application is, therefore, not tenable.   Chief Settlement Commissioner v. Altaf Hussain P L D 1962 Lah. 189 distinguished.   (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---   ------- S. 21 (1) (b)-Party not served with notice- Order of Deputy Settlement Commissioner passed in absence of party who got such order set aside by the Additional Settlement Commissioner-Settlement Commissioner subsequently passing order against such party which was upheld by Chief Settlement Commissioner-Party given due hearing by…