Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 2,cl.(3)(ii),6(3),36(5)

Law: Administration of Evacuee Property Rules, 1950

Section: 17(3)

Law: Constitution of Pakistan, 1973

Section: 170

(a) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)--- ------S. 2, cl. (3) (ii) and S. 6 (3)­Property of joint stock company having registered office in India from before 15th August 1947-Property not taken possession of by Custodian before promulgation of Ordinance (XV of 1949), on 15th October 1949-Property, held, not evacuee-Notification by Central Government re: release of property from evacuee laws not necessary--Custodian's order treating property as evacuee set aside by writ-Constitution of Pakistan, Art. 170. Held, that if the Custodian had not, at any time before the 15th of October 1949-the date of promulgation of Ordinance XV of 1949-taken possession of the property of a joint stock company, registered office of which was located in Amritsar in India from before the crucial date i.e., the 15th of August 1947, the property was immune from evacuee laws, and no notification by the Central Government regarding such property in terms of subsection (3) of section 6 .of the Ordinance was necessary. Where the Custodian had ordered possession of such a property to be made over to the Rehabilitation Department and had directed the Manager of the property to apply to the Central Government for the requisite notification, the order was set aside by the High Court as without jurisdiction on a writ petition. (b) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)---- ---- S. 36 (5)-Second Review ultra vires -Suo moto Review, after prescribed period of 30 days, not competent-Administration of Evacuee Property Rules, 1950, Rule 17 (3), Held, that no review was competent by successive Custodians, after the original order had already been reviewed by an earlier Custodian. Endless reviews are not contemplated by the Ordinance. That part of rule 17 (3) which empowers the Custodian to review his own order beyond the period of thirty days of that order, if the action is taken suo moto, is ultra vires the rule-making powers of Government. Review of a review order is wholly without jurisdiction and illegal. Rules must conform to the Ordinance; they cannot override it. JUDGMENT MUHAMMAD SHARIF, J.-------The facts of this writ petition by…

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