Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Law Reforms Ordinance (X11 of 1972)--S.3--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine the questions of law whether an Infra-Court Appeal was at all competent and maintainable in view of the decision of Supreme Court, reported as Mst. Karim Bibi v. Hussain Bakhsh P L D 1984 S C 344; whether the property in dispute was never acquired under S.4(2) of Displaced Persons (Land Settlement) Act, 1958, and for that reason at no stage formed part of the compensation pool and was not, therefore, available for settlement of refugees; whether the land in dispute in the absence of a notification under S.4(2) of the Act came to vest in the Provincial Government under the and Displaced Persons Laws (Repeal) Act, 1975, and was available for adjusting the claim of the grantees belonging to the criminal Tribe; and the effect of the decision of Supreme Court dated 22-5-1978 in Civil Appeal No.188 of 1070 and others on the finality of the decision of Additional Settlement Commissioner, regarding the evacuee or non-evacuee character of the interest in the light of the decision of Supreme Court in Sahibrai's case reported as P L D 1957 S C 63. (b) Law Reforms Ordinance (XII of 1972)- ---S.3--Evacuee Property and Displaced Persons Laws (Repeal) Act (X V of 1975), S.2--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.10-­Remand of case to Notified Authority--Proceedings after remand--Infra-Court Appeal not competent--In earlier round of litigation Supreme Court had remanded case to Notified Authority under S.2 of Act XV of 1975, provisions whereof provided that after remand, proceedings had to be decided afresh finally by the Notified Authority under the repealed law as if the law was still in existence--As the law under which the Notified Authority decided the matter, provided for appeal, revision, etc. an Infra-Court Appeal was incompetent--High Court's finding to Intra-Court Appeal, was thus without jurisdiction and of no avail to parties--Time consumed in those proceedings could not be deemed to be bona fide and condonable. (c) Evacuee Property and Displaced Persons Laws (Repeal) Act (XV of 1975)- --S.2--Displaced Persons (Land…

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