Law:

Section:

(a) Supplementary Settlement Scheme No. 11- -- Cl. 24, second proviso - Remand - Settlement Commissioner deeming fit to call upon Deputy Settlement Commissioner to examine each case individually and send his recommendation to him-Matter being related to inquiry into facts, Chief Settlement Commissioner cannot be said to have passed order of remand without lawful authority-Question whether case could have been decided by Chief Settlement Commissioner on material available or it required further inquiry from field staff-To be judged by Chief Settlement Commissioner himself-High Court while examining legality of an order or proceeding impugned before it, held, does not sit as a Court of appeal nor would substitute itself for lower tribunal notwithstanding another view of matter being possible.-[Remand of case]. (b) Constitution of Pakistan (1973)- Art. 199 read with Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 19-Writ jurisdiction-Petitioners while seeking direction in nature of mandamus must establish a case of failure to exercise jurisdiction-Chief Settlement Commissioner's power under S. 19 being very wide and Legislature living empowered him to pass any order in revisional jurisdiction which he finds fit in circumstances of a case, order of Chief Settlement Commissioner calling for a factual report from a subordinate Officer, held, not without jurisdiction and no valid exception could be taken to same.-[Writ]. Sheikh Rashid Ahmad v. Settlement Commissioner 1970 S C M R 278 ref. (c) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-- S. 2-All pending proceedings before designated functionaries since before repeal of evacuee laws or cases remanded by High Court -or Supreme Court after such repeal having to be disposed of finally by Notified Officer in accordance with provisions of repealed Act-Case in dispute, held, required to be finally decided by a notified Officer in his capacity as persona designata whether Member, Board of Revenue, or any other Officer conferred with requisite power through notification-Appellants, held, cannot claim any vested right that their matter be adjudicated upon by any particular…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492