Law: General Clauses Act, 1897

Section: 6

Law: Pakistan (Administration of Evacuee Property) Act, (XII of 1957)

Section: 18,43A,43(6),43

(a) Constitution of Pakistan (1956), Art. 160-Special leave to appeal to Supreme Court - Granted where "Custodian had on a mistaken ground refused to exercise jurisdiction". (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 43 (6) & 43-A-Review-Custodian refusing to exercise jurisdiction mistakenly assuming that matter in dispute was pending before Evacuee Property Tribunal constituted under S. 43-A-Such refusal valid ground for appeal filed by aggrieved party in Supreme Court. (c) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 43 (6) [as substituted by Pakistan (Administration of Evacuee Property) (Amendment) Ordinance (LXIII of 1962)] read with saving provision contained in S. 4 of Ordinance, and with 6(c), (e), General Clauses Act (X of 1897)­Review-Extent of termination, by amending Ordinance, of Custodian's jurisdiction to review his order-Pending proceedings in review suo motu, or on application, treated on different footing by saving provision of S. 4 of Ordinance (LXIII of 1962)­Section 6 (c) (e), General Clauses Act (X of 1897) cannot be invoked to continue review proceedings-Such proceedings do not pertain to a "substantive" right as contemplated by cl. (c) of S. 6, General Clauses Act, 1897 but to a procedural right, i.e. a right of review-Section 6, General Clauses Act, 1897, only applies when a different intention does not appear--Such intention, however, appears from saving S. 4 of Ordinance (LXIII of 1962)-Suo motu review not intended to be saved by provisions of S. 4 of Ordinance (LXIII of 1962)-Maxim: Expressio unius exclusio alterious, not of universal application ­Proceedings in review started on direction of Ministry, Refugees and Rehabilitation, Government of Pakistan, not deemed to be started on "application" but treated as suo motu in character. JUDGMENT B. Z. KAIKAUS, J.-This is an appeal by special leave under the Constitution of 1956 against an order of the Custodian of Evacuee Property refusing to review certain orders to which reference will presently be made. The appellants before us are Khushiram, Atmaram Madhavdas Atmaram, Gokaldas Atmaram all sons, and Devibai, widow of Atmaram…

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