Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957-- ----Ss: 18-A (6) & 43 (6) [as adopted in Azad Jammu and Kashmir]---Powers of review by Custodian---Extent---Limited powers of review given to Custodian under S. 18-A(6), Pakistan (Administration of Evacuee Property) Act, 1957, could not be interpreted to take away his general powers of review under S. 43 (6) of the Act; two provisions being not destructive of each other could stand together on the statute book---Special review powers were available to the Custodian in the cases of orders granting proprietary rights while powers under S. 43 (6) were wide and of general nature; such powers were meant for two different eventualities---When review powers of Custodian under S. 18-A (6), Pakistan (Administration of Evacuee Property) Act, 1957 were taken away, Custodian could exercise his general powers of review under S. 43 (6) of the Act. (b) Interpretation of statutes--- ---- Where a temporary statute repeals a permanent statute, that (permanent statute) would revive after the repeal of temporary statute or if the same lapses by efflux of time. Mst. Aziz Begum v. Federation of Pakistan PLD 1990 SC 899 ref. Government of Azad Jammu and Kashmir v. M/s. Kashmir Tobacco Industries Ltd. 1992 SCR 20 rel. (c) General Clauses Act (X of 1897)--- ----S. 6---Applicability---Provision of S. 6, General Clauses Act, 1897 would not be applicable to matters relating to procedure, but would protect the rights which were of substantive nature. Muhammad Bashir v. Province of West Pakistan PLD 1958 Lah. 853 and Khushiram Atmaram Jaisinghani v. Custodian of Evacuee Property, West Pakistan PLD 1965 SC 453 rel. (d) Practice and procedure- ---- No party has vested right in a particular procedure. (e) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 43 (6) [as adopted in Azad Jammu and Kashmir] ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Constitutional jurisdiction---Entitlement to invoke---Appellant wilfully suppressing fact of previous allotment while seeking further allotment, thus, committed fraud upon Rehabilitation Authorities to get an illegal gain---High…

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