Case Details

Citation(s)
2000 SLG 965 2000 SLD 965 2000 SCMR 1340 2000 SLD 1378 2000 SCMR 1340
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1517 of 1999, decision dated: 6th: December, 1999.
IRSHAD HASAN KHAN AND CH. MUHAMMAD ARIF, JJ

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Miss SABIRA HUSSAIN

VS

CHAIRMAN, P.A.R.C. and others

Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Case of civil servant had been remitted to Department by the Service Tribunal---Supreme Court having not found any ground for interference with the order of Service Tribunal refused to grant leave to appeal against order of Service Tribunal with observations that if eventually an adverse order was passed against the petitioner, she was at liberty to raise all the points available to her under the law including the points sought to be agitated during the course of arguments of petition for leave to appeal. Raja M. Asghar; Advocate Supreme Court and Sheikh Riazul Haque, Advocate Supreme Court instructed by M.A. Zaidi, Advocate-on­ Record for Petitioner. Respondent No. 3 in person. Date of hearing: 6th December, 1999. ORDER After hearing Raja Muhammad Asghar, learned Advocate Supreme Court for the petitioner and perusing the impugned order as well as other material available on record, we see no ground to interfere with the impugned order remitting the case to the respondent-department at this stage. However, if, eventually, an adverse order is passed against the petitioner, she shall be at liberty to raise all the points available to her under the law including the points sought to be agitated during the course of arguments of this petition. 2. With the above observation, the petition is dismissed and leave declined. Q.M.H./M,A,K,/S.-13/S Petition dismissed. 2000 S C M R 1341 [Supreme Court of Pakistan] Present: Sh. Riaz Ahmed and Ch. Muhammad Arif, JJ BAKHSHA---Appellant versus ASSISTANT COMMISSIONER/ADDITIONAL SETTLEMENT COMMISSIONER, SADAR SUB-DIVISION, FAISALABAD and 10 others---Respondents Civil Appeal No. 744 of 1994, decided on 15th November, 1999. (On appeal from the judgment dated 6-1.2-1992 of the Lahore High Court, Lahore passed in Writ Petition No. 26/11 of 1983). (a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Transfer of land---Claimant had to establish that he was in possession of the disputed parcel of land for the last 4 crops in terms of S.3 of the Act---Where the claimant had neither made the informers as party to the proceedings nor the land in question was…
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