Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Azad Jammu and Kashmir Legislation and Representation Act (XIII of 1960)--S.2--Constitution of Pakistan (1973), Art. 185(3)--"Refugee" Status "`of Determination--Leave to appeal was granted to consider the effect of Azad Jammu and Kashmir Legislation and Representation Act, 1960, and the definition of word "refugee" given therein and the Gazette notification wherein the names of elected members of the Council of Azad Jammu and Kashmir had been notified in pursuance of the election held under the aforesaid Act wherein the appellant was shown as elected from the constituency "Refugees from Jammu Province". (b) Azad Jammu and Kashmir Legislation and Representation Act (XIII of 1960)-- ---S.2--Constitution of Pakistan (1973), Art. 185(3)--"Refugee from Jammu Province"--Factum of--Determination--Documentary evidence, comprising allotment order which showed appellant as refugee from Jammu; Gazette Extraordinary issued by Government of Azad Jammu and Kashmir State which showed him as having been elected to State Council from the Constituency of refugees from Jammu Province; certificate of nationality issued in his favour; and printed copy of the minutes of the opening session of the State Council of Azad -Jammu and Kashmir which showed that he took part in the election on behalf of refugees of Occupied Jammu and Kashmir, overwhelmingly proved appellant's -status as a refugee--Respondent's evidence comprising certificate issued by Deputy Commissioner that appellant was not a refugee from Jammu Province was rightly rejected by Deputy Settlement Commissioner being not of much value in the face of overwhelming reliable documentary evidence--High Court erred in not considering the overwhelming evidence which was available on record and not giving due weight thereto. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.10--P.T.D., issuance of--Settlement Authorities when not to become functus officio--Settlement Authorities do not become functus officio where P.T.D. was issued to one claimant without disposing of rival claimant's Form with regard to same property. Muhammad Hafeez and another v. Khan Saeed-ud-Din Khan and another 1973 S C M…

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