| Citation(s) |
|---|
| 1965 SLG 73 1965 SLD 73 1965 PLD 123 |
Supreme Court of Pakistan
Civil Appeal No. IS of 1964, decision dated: 1st December 1964. dates of hearing: 30th November and 1st December 1964
S. A. RAHMAN AND TAZLEAKHAR, JJ
S. M. Zafar Advocate Supreme Court instructed by Zain and Tanvir Attorneys for Appellants, Nadir Advocate Supreme Court with him) instructed by Iftikhar-ud-Din Ahmad Attorney No. 1.
Respondent No. 2. Ex parte. Nasim Hasan Shah Senior Advocate Supreme Cour
Civil Appeal No. IS of 1964, decision dated: 1st December 1964. dates of hearing: 30th November and 1st December 1964
S. A. RAHMAN AND TAZLEAKHAR, JJ
S. M. Zafar Advocate Supreme Court instructed by Zain and Tanvir Attorneys for Appellants, Nadir Advocate Supreme Court with him) instructed by Iftikhar-ud-Din Ahmad Attorney No. 1.
Respondent No. 2. Ex parte. Nasim Hasan Shah Senior Advocate Supreme Cour
(1) MUHAMMAD SIDDIQ, (2) GHULAM RABBANI AND (3) IDREES RIZVANI
VS
(1) CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE (2) DIRECTOR OF ENFORCEMENT, LAHORE AND ... , (3) KHALIQ AHMAD ANSARI
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 10,10(b),2,2(12),20(3),20
Law: Permanent Transfer (Houses and Shops) Rules, 1961
Section: 7
(a) Constitute of Pakistan (1962), Art. 58---Leave to appeal to Supreme Court-Granted to consider inter alia question whether powers delegated by Chief Settlement Commissioner and exercised by his delegate were subject to appellate or revisional jurisdiction or not. (b) Displaced Persons (compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (12), first and second provisos-"Shop' Two shops with a chaubara on first floor consisting of two rooms accessible by a single staircase transferred by Deputy Settlement Commissioner as a single unit to one person-Transfer, held, not "irregular" within meaning of Central Government's order in Notification No. S.R.O. 824(x)/61, dated I-9-61-Such transfer cannot be set aside on reference from Enforcement Staff-Instructions of Chief Settlement Commissioner appearing at p. 68 et seq and p. 92, Settlement Manual do not stand in way of regularity of such transfer-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 20(3)-Chief Settlement Commissioner's powers of revision-Exercisable only as between parties to a proceeding before subordinate Settlement Authorities-"Informant" under Notification No. S.R.O.. 824(x)/61, dated 1-9-61, not such party-Transfer of property to informant under an order passed by virtue of S. 20(3) not possible-Press-Note dated 29-9-1960 (Settlement Manual, p. 166, does not improve position of "informant" (in circumstances of case)-Press-Note relates only to transfer to ineligible persons-Permanent Transfer (Houses and Shops) Rules, 1961, r. 7-Not applicable where no fraud or misrepresentation is involved, nor where order is not in contravention of any provision of Act-Displaced Persons (Compensation and Rehabilitation) (Validation of Transfers) Ordinance (Ill of 1963), S. 2-Applies to cases about whose validity doubts may have arisen-Does not apply to "illegal order" in favour of "informant" Displaced Persons (Compensation and Rehabilitation) Act (XXVIH of 1958), Settlement Scheme No. I, Provisional Transfer Order (P. T. O.) read with Press-Note dated 13-2-1960 (Association of Claimants), Manual of Settlement, p. 115 Person, associated with permission of Settlement…
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