Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S.30--Constitution of Pakistan (1973), Art.185(3)--Service of notice to person undergoing imprisonment--Validity of--Leave was granted to consider whether service of notice under S.30 of Displaced Persons (Compensation and Rehabilitation) Act, 1958, issued to person who was undergoing imprisonment at relevant time, was rightly held good by Courts below on basis of endorsement of "refusal" thereon made by postal authorities. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ---S.30--Pakistan Prisons Rules, 8.548--Service of notice to appellant undergoing imprisonment--Service of notice denied by such person--Onus and mode to prove service--Endorsement of refusal on such notice by postal authorities--Effect-­Appellant denying to have received any notice in his written statement and in evidence before Court--Where addressee of notice appeared in Court and denied service of notice, legal presumption of service was repudiated--Sender of notice therefore, would be obliged to either establish genuineness of signatures of addressee on endorsement of refusal by its comparison with admitted one or by examination of postman to prove that notice was offered to the addressee and that same was refused--Endorsement on letter addressed to appellant when he was in jail did not contain any verification from jail authority that letter was offered to prisoner and he refused, as no letter could be delivered to a convict without written permission of jail authorities--Presumption of due service on appellant thus stood sufficiently displaced--In absence of positive evidence that notice was refused by appellant, finding that he was at fault, in spite of service of notice, under Displaced Persons Act, 1958, was unsustainable. Abdul Hafeez Memon, Advocate Supreme Court for Appellants. Ex parte for Respondent. Date of hearing: 3rd May, 1988. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--Leave was granted in this case to consider the question whether the service of notice under section 30 of Displaced Persons (Compensation and Rehabilitation) Act, 1958, issued to appellant No.2 who was undergoing…

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