| Citation(s) |
|---|
| 1969 SLG 207 1969 SLD 207 1969 SCMR 116 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 249 of 1968, decision dated: 22nd October 1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 18th March 1968, in Writ Petition No. 988-R of 1967)
HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
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Civil Petition for Special Leave to Appeal No. 249 of 1968, decision dated: 22nd October 1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 18th March 1968, in Writ Petition No. 988-R of 1967)
HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
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MUHAMMAD HANEEF
VS
CHIEF SETTLEMENT COMMISSIONER, LAHORE
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act XXVIII of 1938)----S. 10-Section 10 read with S. R. 0. No. 824 of 1960-Words "the Chief Settlement Commissioner may transfer" No vested right created in favour of "informer" to have property transferred in his name. Abida Khatoon v. Mian Ghulam Shabbir P_L-D 1964 S C 793 ref. Abdul Majid Sheikh, Advocate Supreme Court instructed by Mirajuddin Chaudhry, Attorney for Petitioner. Nemo for Respondent. Date of hearing : 22nd October 1968. ORDER MUHAMMAD YAQUB ALI, J.-The claim laid by the petitioner to the transfer of a shop in Lyallpur as an "Informer" under S. R. O. 824 of 1960 was rejected by the Chief Settlement Commissioner on the ground that in the meantime .section 10 of the Displaced Persons (Compensation and Rehabilitation) Act under which the S. R. O. was promulgated was amended, and the powers of transfer by the Central Government were limited to "public interest" which condition was not fulfilled in the case of an informer. It was contended that as the petitioner had moved in the matter in 1961, before the repeal of section 10 (b) a vested right was created in his favour under section 6 of the General Clauses Act. The Chief Settlement Commissioner,…
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