| Citation(s) |
|---|
| 1963 SLG 3379 = 1963 SLD 3379 = 1963 PLD 214 |
Lahore High Court
Letters Patent Appeal No. 133 of 1961, decided on grid January 1963.
Presented By: Manzur Qadir, C. J. and Shabir Ahmad, J
K. E. Chohan and Qadir Bakhsh for Appellant. Major Ishaq Muhammad Khan, Settlement Commissioner (Legal) for
Respondent. Dates of hearing: 29th and 30th November and 3rd December 1962.
Letters Patent Appeal No. 133 of 1961, decided on grid January 1963.
Presented By: Manzur Qadir, C. J. and Shabir Ahmad, J
K. E. Chohan and Qadir Bakhsh for Appellant. Major Ishaq Muhammad Khan, Settlement Commissioner (Legal) for
Respondent. Dates of hearing: 29th and 30th November and 3rd December 1962.
MAHBOOB ELAHI-Appellant
VERSUS
CHIEF SETTLEMENT COMMISSIONER, PAKISTAN, LAHORE-Respondent
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- --------S. 2(3)-"Displaced person"- Definition attempted definition by Settlement Authorities-Not favoured by high Court-High Court's view to prevail. (b) Interpretation of Statutes---- ---Different words used in section in relation to similar motions-To have different meaning-Rule hot applicable in case of "slight change" of language-"Place of residence"-"Residing"-Expressions used in S. 2(3), Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Do not deal with different situation. (c) Interpretation of Statutes--- ---Intention of law-maker-To be discovered by Court-Meaning of expressions to be determined by meaning given to them by relevant statute or by General Clauses Act (X of 1897)-Violence to language permissible to bring provision in conformity with avowed intention of statute or to avoid making statute look unreasonable. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- - ---- S. 2(3)-Purpose of Act-"Displaced person "Expression does not include casual visitors to India at time of partition--Persons having original home in Pakistan but residing in India at time of Partition having no immediate desire to leave their residence in India but who had not made such place of residence their permanent abode, included in expression-Person having businesses in Pakistan and India who left India because of the partition and who otherwise would have continued in India, also included in expression. JUDGMENT SHABIR AHMED, J.-The main question that falls for determination in this appeal also falls for determination in Letters Patent Appeal No. 198 of 1961 as well as in Writ Petitions Nos. 318-R of 1961, 495-R of 1961, 367-R of 1962, 368-R of 1962 and 616-R of 1962, and it is, therefore, desirable that all these matters should be disposed of by the same order. 2. The question that arises is whether certain persons who are either appellants or petitioners in the present matters were "displaced persons" for the…