| Citation(s) |
|---|
| 2004 SLG 1158 2004 SLD 1158 2004 SCMR 1413 |
Supreme Court of Pakistan
Civil Petitions Nos.61, 62, 499-L, 500-L, 593-L, 1951-L of 2002 and Criminal Original No.44 of 2002 in C.P. No.62 of 2002
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Mian Fazal Mahmood, Senior Advocate Supreme Court, Malik Noor Muhammad Awan, Advocate Supreme Court, Muhammad Zahoor Nasir, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioners (in all cases). A. Karim Malik, Senior Advocate S
Civil Petitions Nos.61, 62, 499-L, 500-L, 593-L, 1951-L of 2002 and Criminal Original No.44 of 2002 in C.P. No.62 of 2002
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Mian Fazal Mahmood, Senior Advocate Supreme Court, Malik Noor Muhammad Awan, Advocate Supreme Court, Muhammad Zahoor Nasir, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioners (in all cases). A. Karim Malik, Senior Advocate S
MUHAMMAD ZAHOOR NASIR and others
VS
ADDITIONAL DEPUTY COMMISSIONER, KASUR and others
Law:
Section:
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)---Ss. 2, 3 & 4---Transfer of Property Act (IV of 1882), S.52--¬Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether the passed by High Court was in accordance with law laid down by Supreme Court in its various s; whether the provisions as contained in Ss.2, 3 and 4 of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, had been misconstrued and misinterpreted qua the determination of jurisdiction of forum concerned in the hierarchy of settlement laws in view of verification of claim and compensation of necessary formalities in the Province of Sindh whereas the property in question was located in the Province of Punjab; whether the principles as embodied in S.52 of Transfer of Property Act, 1882, would have some bearing on the fate of the case; whether the remand order passed by High Court in earlier Constitutional petition had been complied with substantially by Officer authorized under S.2(2) of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, Additional Settlement Commissioner (Ind. Rural) Central Settlement Cell Board of Revenue Sindh (Hyderabad); whether the passed by High Court in earlier Constitutional petition could be considered as in rem or in personam; whether the Additional Settlement Commissioner (Ind. Rural) Central Settlement Cell, Board of Revenue Sindh (Hyderabad) had no jurisdiction qua the subject-matter while passing order dated 29-5-1976 in view of notification dated 8-5-1976 issued under S.2(2) of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, by Governor of Punjab whereby Member Board of Revenue Punjab was Settlement Commissioner, Rehabilitation Commissioner and Claim Commissioner for Province of Punjab for disposal of pending proceedings under the Evacuee Property and Displaced Persons Laws (Repeal) Act. 1975; and whether the petitioner being vendee had any locus, standi to challenge the cancellation of entitlement certificate of another person. Nawab Syed Raunaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236; Majidullah Khan v. N.-W.F.P. 1980 SCMR 728;…
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