Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58(3) -Leave to appeal-Granted by Supreme Court to consider "a number of important questions" arising under Displaced (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. para. 15-A in regard to mode of transfer of a cinema by public unrestricted auction or by private negotiation. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched, para. 18 - Transfer of property--­Price paid by furnishing compensation books, unaccompanied by agreements of association-Not proper payment. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(2) - "Claimant" - Father (claimant) asking Deputy Settlement Commissioner to enter his son's name in his compensation book instead of his own name - Deputy Settlement Commissioner acceding to such request-Sons do not thereby become "claimants" within meaning of S. 2(2). (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. paras. 18, 23 & 25-Transferee exhibiting no anxiety to make good payments which were due, and which he expressly admitted to be due -Estopped from raising plea that he should have been allowed to pay in a "more relaxed" form. (e) Displaced Persons (Compensation and Rehabilitation) Act (XXVII! of 1958), Sched. para. 15-A read with Central Government's instructions dated 19-10-1959, para. (5)-Transfer of cinema by inviting tenders already cancelled by Chief Settlement Commissioner for transferee's default in payment of price-Subsequent transferee by auction, whether has locus standi to question mode of earlier transfer by inviting tenders as being in violation of para. (5) of instructions. (f ) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sehed. paras. 15, 15-A, read with para. (5) of Central Government's instructions dated 19-10-1959-Purchaser by public auction not being able to make payment of bid-Chief Settlement Commissioner satisfied with amount of bid, but due to default of bidder, disposing of cinema house by inviting tenders ­Transfer to tenderers, held, not "in accordance with statutory provisions"-"Condition precedent" to application of…

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