| Citation(s) |
|---|
| 1966 SLG 64 1966 SLD 64 1966 PLD 512 |
Supreme Court of Pakistan
Civil Appeal No. 34 of 1965, decision dated: 25th February 1966.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Sajjad Haider, Advocate Supreme Court, instructed by Wali Muhammad, Senior Attorney for Appellant. Ghias Muhammad, Deputy Attorney General of Pakistan, (M. A. Zullah, Advocate Supreme Court, with him) instructed by M. Mahboob Ahmad Attorney Nos. 1 and 2.
Civil Appeal No. 34 of 1965, decision dated: 25th February 1966.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Sajjad Haider, Advocate Supreme Court, instructed by Wali Muhammad, Senior Attorney for Appellant. Ghias Muhammad, Deputy Attorney General of Pakistan, (M. A. Zullah, Advocate Supreme Court, with him) instructed by M. Mahboob Ahmad Attorney Nos. 1 and 2.
MAJOR J. H. NAQVI
VS
(1) THE DIRECTOR, ENFORCEMENT DIRECTORATE, WEST PAKISTAN, (2) Ch. SULTAN MUHAMMAD KHAN, SETTLEMENT COMMISSIONER, (3) Ch. MUHAMMAD NAWAZ KHAN, AND (4) Mst. SARDAR BEGUM
Law:
Section:
(a) Constitution of Pakistan (1962),------------Art. 58(3)-Leave to appeal to Supreme Court-Granted to consider whether view taken by High Court of S. 10 (b), Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) was consistent with a decision of the Supreme Court-[viz. Kazi Asadul Haq v. Miss R. A. Money Civil Appeal No. 57 of 1960 decided on 21-2-61]. (b) Displaced Persons (Compensation and Rehabilitation)---- ----Act (XXVIII of 1958), S. 10 (b)-Any "other" mode of transfer Central Government's Order notifying another mode of transfer (by Notification No. S. R. 0-824 (k)/61 dated 1-9-1961 published in Gazette, Extraordinary, dated 2-9-1961), S.2(1)(2) & S.9 proviso-Mode of transfer to "informant" submitting information regarding "hidden" evacuee property or "irregular transfer" Applicant neither supplying any such information nor submitting his application to the right official director of Enforcement (Evacuee Property and Claims)] but applying only on basis of a choice certificate, to Deputy Settlement Commissioner, not entitled to transfer of property in question. (c) Displaced Persons (Compensation , and Rehabilitation)------- -----Act (XXVIII of 1958), S. 20 (2)-Second Revision-Power taken away by Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (II of 1962) restored retrospectively in regard to pending revisions in which record had been called for, by Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Ordinance (X111 of 1962). (d) Displaced Persons (Compensation and Rehabilitation)---- ----Act (XXVIII of 1958), S. 10 (b) (as it originally stood)-"Other manner" of transfer of property-"Other manner" prescribed by Central Government not circumscribed by words "subject to provisions of the Act and the- rules made thereunder." The limitations mentioned in the opening words of section 10, Displaced Persons (Compensation and Rehabilitation) Act, 1958 (as it originally stood) relate to the powers of the' Chief Settlement Commissioner and not to those of the Central Government. They do not have the effect of negative the power of the Central Government to approve of a different mode of…
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