| Citation(s) |
|---|
| 1965 SLG 78 1965 SLD 78 1965 PLD 254 |
Supreme Court of Pakistan
Civil Appeal No. 62 of 1964, decision dated: 10th December 1964. (On appeal from the order of the High Court of West Pakistan, Lahore, dated the 28th June 1961, in R. A. No. 5 of 1961). dates of hearing: 9th and 10th December 1964
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Nasim Hassan Shah Senior Advocate Supreme Court (Kh. Shaukat Ali Advocate Supreme Court with him) instructed by Khalil-ur-Rahman Attorney for Appellant. Ghias Muhammad Attorney General Government of Pakistan (Nazar Ahmad Khan Advocate Supreme Court with h
Civil Appeal No. 62 of 1964, decision dated: 10th December 1964. (On appeal from the order of the High Court of West Pakistan, Lahore, dated the 28th June 1961, in R. A. No. 5 of 1961). dates of hearing: 9th and 10th December 1964
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Nasim Hassan Shah Senior Advocate Supreme Court (Kh. Shaukat Ali Advocate Supreme Court with him) instructed by Khalil-ur-Rahman Attorney for Appellant. Ghias Muhammad Attorney General Government of Pakistan (Nazar Ahmad Khan Advocate Supreme Court with h
Mirza MUHAMMAD YAQUB
VS
(1) THE CHIEF SETTLEMENT COMMISSIONER, LAHORE, AND (2) Syed SADIQ HUSSAIN ZAIDI
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: Schedule,para.15(2)(3)(4)
(a) Constitution of Pakistan (1962), Art. 58 read with Art. 62Leave to appeal to Supreme Court-Refused-Review application filed against order refusing leave-Review granted allowing leave to appeal on ground that appellant may have a case under para. 15(3) as well as under para. 15(4), Schedule to Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958). (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Schedule, para. 15(2)(3)(4)-Industrial concern-Right to transfer as asserted in application for transfer based on para. 15(2)-Application rejected by Settlement Authorities-Order of rejection not liable to attack in writ petition simply on ground that Settlement Authorities should have made a suo motu investigation which may have disclosed "another" ground for transfer- Different pleas cannot be taken at different times so as to file more than one writ petition on same facts-Res judicata General principle applicable to writ petitions-Supreme Court refused to send back case to Settlement Authorities for consideration on basis of a new plea raised before it on review of an earlier order refusing leave to appeal-Rights to transfer under Act can be enforced only by an application to Settlement Authorities not through ordinary civil Courts-Constitution of Pakistan (1962), Art. 98-Scope. Held, that if a claim for transfer be made before the Settlement Authorities on a particular ground which was not tenable and the claim be rejected the order is not liable to attack because of the omission of the Settlement Authorities to make a suo motu investigation which may have disclosed another ground for transfer. There is no obligation on the Settlement Authorities to make inquiries as to facts not pleaded before them or to take up suo motu factual grounds of transfer not urged before them by an applicant. A petitioner is not entitled to take different pleas at different times so as to file more than one writ petition on the same facts. For a further plea the proper course would be to file a petition for review if such a petition be maintainable. The general principle of res judicata is applicable to writ petitions also. In a writ…
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