Case Details

Citation(s)
1993 SLG 845 1993 SLD 845 1993 SCMR 2028
Supreme Court of Pakistan
Civil Appeal No. 1153 of 1990, decision dated: 23rd November, 1992
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHRY AND SAEEDUZZAMAN SIDDIQUI, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

ZAFARUL HASSAN and others

MUHAMMAD KALIM and others

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Ss. 25 & 22---Specific Relief Act (I of 1877), S. 27-B---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to consider, whether Civil Court had jurisdiction in the matter which had earlier been dealt with by the Settlement Authorities under Displaced Persons (Compensation and Rehabilitation) Act, 1958, which barred jurisdiction of Civil Court; and whether S. 27-B, Specific Relief Act, 1877 was a valid piece of legislation--­Validity of S. 27-B, Specific Relief Act, 1877, was although not raised before the High Court yet leave to appeal was granted---Further contention that the point in issue in the present case was left by Settlement Authorities to be brought before and decided by Civil Court would also require examination. Muhammad Abdullah and others v. Mumtaz Begum and 5 others 1990 SCMR 691 rel. (b) Specific Relief Act (I of 1877)----- ----S. 27-B---Constitution of Pakistan (1973), Art. 185 (3)---Validity of S. 27-B, Specific Relief Act, 1877---Leave granting order in so far it related to validity of S. 27-B, Specific Relief Act, 1877 was withdrawn after hearing arguments on that point for neither such point directly arose in the case nor the same was urged by appellants before Courts below. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Ss. 25 & 22---Civil Procedure Code (V of 19(x), S.9---Bar of jurisdiction of Civil Court---Jurisdiction of Civil Court in a matter. which had earlier been dealt with by the Settlement Authorities under Displaced Persons (Compensation and. Rehabilitation) Act, 1958, which barred jurisdiction of Civil Court--- Agreement of Association between transferee and contesting respondents was accepted by Settlement Authority---Appeal against acceptance of same was dismissed---Order in appeal having not been further challenged had attained finality---Orders passed by Settlement Authorities accepting Agreement of Association between transferee and contesting respondents being neither against jurisdiction vesting in them nor contrary to provisions of Displaced Persons (Compensation and…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492