Law:

Section:

(a) Constitution of Pakistan (1973)----------­-- Art. 1.85(3)-Pakistan (Administration of Evacuee Property) Act (XII of 19571, S. 3-Leave to appeal granted to examine inter alia true scope of S. 3, Pakistan (Administration of Evacuee Property) Act, 1957. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)-- -- Ss. 25 & 43-Evidence Act (I of 1872), S. 1-Constitution of Pakistan (1973), Art. 199-Powers possessed by Custodian while administering evacuee property-Custodian though does not function as a Court of law yet Custodian has a duty to act judicially-Word "Judicial"-Meaning-Decision of Custodian, held, were open to scrutiny on grounds of no evidence, bad faith, misdirection, or failure to follow judicial procedure.-[Words and phrases]. Custodian does not function as a Court of law. Yet the Custodian has a duty to act judicially. This apparent paradox ceases to be so if the concept of a Court of law and judicial functioning is kept in view. Section 1 of the Evidence Act provides that this Act extends to the whole of Pakistan and applies to all judicial proceedings in or before any Court. The word 'Judicial' has two meanings. It may refer to the discharge of duties exercisable by a Judge, by Justices in Court, or to administrative duties, which need not be performed in Court, but in respect of which it is necessary to bring to bear a judicial mind-that is, a mind to determine what is fair and just in respect of the matters under consideration. Justices for instance, act judicially when administering law in Court, and they also act judicially when determining in their private room what is right and fair in some administrative matter brought before them, for instance levy a rate. But the proceedings in which only administrative duties are discharged cannot be regarded as judicial proceedings within the meaning of the Evidence Act. The Custodian has nevertheless a duty to act judicially. Hence the decisions of Custodian are open to scrutiny on grounds of no evidence, bad faith, misdirection, or failure to follow judicial procedure. The exercise of lawful authority is subject to the necessity of interpreta­tion of the law which is being applied and…

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