| Citation(s) |
|---|
| 1989 SLG 1575 1989 SLD 1575 1989 SCMR 1250 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.790 of 1981, decision dated: 6-08-1988
SHAFIUR RAHMAN AND GHULAM MUJADDID, JJ
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Civil Petition for Leave to Appeal No.790 of 1981, decision dated: 6-08-1988
SHAFIUR RAHMAN AND GHULAM MUJADDID, JJ
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UMAR DIN
VS
SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE and others
Law: Constitution of Pakistan, 1973
Section: 185(3)
Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss.10 & 11--Displaced Persons (Land Settlement) (Amendment) Act (XXXVI of 1979), Ss.2, 3 & 4--Constitution of Pakistan (1973), Art-185(3)--Leave to appeal was granted to examine the contentions firstly that respondent in Constitutional petition before High Court specifically stated that he was aggrieved by the act of petitioner (informer) and adjudication on his application; that respondent impleaded petitioner before Chief Settlement Commissioner but in none of the proceedings before the High Court, in spite of an objection taken by petitioner; secondly that Act XXXVI of 1974 having a retrospective effect clothed an informer with vested right and lastly that provisions of Ss.10 & 11 of the Displaced Persons (Land Settlement) Act, 1958, prima facie governed the matter leaving no scope for exercise of discretion in the matter for the appeal Bench of the High Court on consideration taken note of in Constitutional petition. Shahzad Jahangir, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioner. Nemo for Respondent No.1 Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Respondents Nos.2 to 4. Date of hearing:…
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