Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 13,32,12

Law: Specific Relief Act, 1877

Section: 56(e)

Law: Specific Relief Act, 1877

Section: 42

(a) National Accountability Bureau Ordinance (XVIII of 1999)--- ----S. 13---Freezing of property---Accountability Court, jurisdiction of--­Adjudicating of claims/objections by ostensible owners against freezing of property---Accountability Court; under the provisions of S.13 of National Accountability Bureau Ordinance, 2000 has been given the exclusive jurisdiction to entertain and adjudicate upon all such claims/objections--­Persons who are ostensible owners of the property have to be given notice of the freezing order so that they can file objections, which thereafter would be tried and adjudicated by the Accountability Court. (b) Natural justice, principle of--- ----Nobody can be condemned unheard---Principle of natural justice would be read in every statute, although not specifically provided therein. (c) National Accountability Bureau Ordinance (XVIII of 1999)-- ----Ss. 13 & 32---'Aggrieved person'---Definition---Freezing of property not owned by accused person---Where any adverse finding or order was made against the ostensible owners of the properties, such owners had a right to challenge any adverse order by filing appeals in view of the observations made by Supreme Court in the case of H.M. Saya &Co., Karachi v. Wazir Ali Industries Ltd., Karachi reported as PLD 1969 SC 65---Ostensible owners were to be provided opportunity of defending themselves before Accountability Court, as their properties had been mentioned in the references and charges against the accused person---Such ostensible owners would come within the definition of 'aggrieved person'. H. M. Saya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi PLD 1969 SC 65 ref. (d) National Accountability Bureau Ordinance (XVIH of 1999)--- ----Ss. 13 & 32---Specific Relief Act (I of 1877), S.42---Freezing of property not owned by accused---Remedy against such order of freezing---Assailing the order passed by Accountability Court in civil suit---Validity---National Accountability Bureau Ordinance, 2000, had provided for complete adjudication of the rights of the accused as well as those whose properties had been frozen---Civil suits filed in order to legitimize the private…

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