| Citation(s) |
|---|
| 1985 SLG 451 1985 SLD 451 1985 SCMR 317 |
Supreme Court of Pakistan
Civil Appeals Nos. 121 of 1977, 205 and 379 of 1980,decision dated: 17-12-1984, hearing DATE : 18-05-1983
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
Civil Appeals Nos. 121 of 1977, 205 and 379 of 1980,decision dated: 17-12-1984, hearing DATE : 18-05-1983
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
CHAIRMAN, FEDERAL LAND COMMISSION and others
VS
SARDAR ASHIQ MUHAMMAD KHAN MAZARI and 3 7 others
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Constitution of Pakistan (1973)--Art. 185(3)--Land Reforms Regulation, 1972 (M.L.R. 115), para. 29--Notification No. 7/18/72 Cord-I, dated 23-10-1973--Leave to appeal granted on finding that questions of general importance as to interpretation of para. 29 of Regulation and Notification No. 7/18/72/Cord-I, dated 23-10-1973 concerning powers and jurisdiction of Chairman, Federal Land Commission were involved. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Land Reforms Regulation, 1972 (M.L.R. 115), para. 29--Leave to appeal granted on point that whether a Minister in political Government who was also Chairman of Federal Land Commission, could be considered as "biased" in law, if before delivering in case which he had to decide in quasi-judicial capacity, he had stated in his speeches that he will annihilate certain declarants and proceeded to resume more than 4,115 Acres of their land. (c) Constitution of Pakistan (1973)-- ---Art. 185(3)--Land Reforms Regulation, 1972 (M.L.R. 115), para. 29--Leave to appeal granted to consider question that whether power exercised by a person as Chairman, Federal Land Commission was without jurisdiction on ground that he could not act sitting singly in so far as authorisation in notification issued in that connection was in favour of "Chairman and Member" of Federal Land Commission. (d) Land Reforms Regulation, 1972-- ---(M . L. R . 115) , para. 29--Land Reforms Regulation (Validation of Order) Ordinance (XXIX of 1978), S.2--Question of competency of Chairman, Federal Land Commission sitting alone and passing order-All orders passed by Chairman or by a Member of Federal Land Commission, held, stood validated under provisions of Ordinance, 1978 and question of competency of such orders required no adjudication. (e) Land Reforms Regulation, 1972-- ---(M.L.R. 115), para. 29--Bias--Personal malice--Record showing long history of written and repeated objections taken by declarants before Chairman, Federal Land Commission that he was biased against them and of non-disclosure of grounds of assuming jurisdiction and that he should not hear and determine matter--Instances of bias noted not rebutted by Chairman, Federal Land…
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