Case Details

Citation(s)
2003 SLG 3472 2003 SLD 3472 2003 PLD 491
Supreme Court of Pakistan
Civil Review Petition No. 187 of 1998 in Civil Appeal No. 15 of 1995, decided on 24th January, 2003.
NAZIM HUSSAIN SIDDIQUI, QAZI MUHAMMAD FAROOQ AND HAMID ALI MIRZA, JJ
Barrister Jehanzeb Rahim, Advocate-General, N.W.F.P. for Petitioners. Barrister Masood Kausar, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for
Respondents Nos. 1 to 5. Barrister Baacha Khan, Advocate Supreme Court for
Respondents N

GOVERNMENT OF N.-W.F.P. through Chief Secretary and others

VS

ALL RESIDENTS OF THORIANDEH and MULDEH, TEHSIL AYUN, DISTRICT CHITRAL through Representatives and others

Law:

Section:

Distribution of Property (Chitral) Regulation (III of 1974)--- ----Reglns. 2 & 4---Settlement of Disputes of Immovable Property (Chitral) Regulation (II of 1974), Regln. 4---Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation (II of 1994). Regin. 11---Constitution of Pakistan (1973). Art. 188---Supreme Court Rules, 1980, O.XXVI, R.1--­Review of (reported as 1997 SCMR 864) was sought to the extent of observations made therein that Distribution of Property (Chitral) Regulation, 1974 stood repealed under S.11 of Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation, 1974---Contention of petitioner was that mistake was apparent on the record as under S. 11 of Provincially Administered Tribal Areas (Nifaz-e-Nazam-e-Shariah) Regulation, 1994, only Provincially Tribal Areas Criminal Law (Special Provisions) Regulation, 1975 and Provincially Administered Tribal Areas Civil Procedure (Special Provisions) Regulation, 1975 had been repealed, but not Distribution of Property (Chitral) Regulation, 1974 and Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974---Supreme Court allowed review petition to such extent, but declined to consider defendants' submission seeking dismissal of suit in absence of review petition on their behalf. Fida Muhammad and 3 others v. All Residents of Rumboor Valley 1997 SCMR 846 ref. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This review petition under Article 188 of the Constitution of the Islamic Republic of`-Pakistan, 1973 read with Order 26 (XXVI) of the Supreme Court Rules, 1980, has been tiled by the Government of N.-W.F.P. through the Chief Secretary and others. It seeks review of the judgment dated 23-2-1997 passed in Civil Appeal No.15 of 1995, reported as Fida Muhammad and 3 others v. All Residents of Rumboor Valley (1997 SCMR 846), to the extent of the observations made in para. 20 that the Distribution of Property (Chitral) Regulation, 1974 (Regulation III of 1974) stood repealed under section 11 of the Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation, 1974. 2. Briefly, the facts which form the background, are that on 1-9-1988 a suit was filed by…
🔒
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