Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 1

Law: Constitution of Pakistan, 1962

Section: 98

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIIl of 1958), Sched. Part II-Shops-Partnership between non-claimant allottee and claimant-Approval of relevant Authority essential under memorandum No. 5338-111-Reh.-55, dated 19-9-1955, read with memorandum No. 3433-AL-Reh.-56, dated 25-7-1956-Action can be taken against allottee admitting partner without approval.   Displaced Persons (Compensation and Rehabilitation) Act (XXYIII of 1958), Sched. Part II-Shops Notification No. S. R. 0. 824(K)/61 dated 1-9-61, Para. 1 (c) "Irregular transfer"-Meaning.   Irregular transfer means transfer purported to be made under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, by a Settlement Authority, which in the opinion of the Chief Settlement Commissioner, was made mala fide or was not made in accordance with the provisions of the said Act or the Schemes made thereunder or suffers from a patent error or defect.   The transfer of the shop to the petitioner was irregular as he was never in possession within the meaning of section 2 (6) of the Act and acted as a mere Benamidar to secure the shop and ultimately pass it on to A who was a local, and was not otherwise eligible for the transfer of the shop in dispute.   Constitution of Pakistan (1962), Art. 98-Objection not raised before Settlement Authorities-Not to be allowed to be raised in petition under Art. 98.   Ghulam Mohyuddin v. Chief Settlement Commissioner P L D 1964 S C 829 fol.   Displaced Persons (Compensation and RehabilitationAct XXVIII of 1958), S. 10-Notification dated 2-9-1961 issued under S. 10(b) ceased to have any legal effect after amendment of S. 10-Proceedings already initiated, however, not affected-General Clauses Act (X of 1897), S. 6.   Muhammad Siddique v. Chief Settlement Commissioner and others P L D 1965 S C 123; Abdul Karim v. Sh. Muhammad Rafiq and others P L D 1966 Lah. 33 ; Major J. H. Naqvi v. Director, Enforcement Directorate, West Pakistan and others P L D 1966 S C 512 ; Sugni Chand Dayaram Jatwani v. Pakistan P L D 1961 S C 523; Nawa-i-Waqt Publications Ltd. v. Messrs Lakhshmi Insurance…