| Case ID |
004028c5-013e-44d6-85d3-3be4ad96dfc1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 91 of 1967 |
| Decision Date |
Nov 20, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal and set aside the order of the Rehabilitation Commissioner. The case was remanded back to the Rehabilitation Commissioner to first determine whether the certified copy presented was a genuine document. If the certified copy is not found to be genuine, allotment of land should be made strictly according to the provisions of the Rehabilitation Settlement Scheme. The costs of the appeal will be decided in the proceedings before the Rehabilitation Commissioner. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan examined the principles of natural justice under Article 98 of the Constitution of Pakistan (1962). The appellant, Bahadur, contested the decision made by the Rehabilitation Commissioner regarding land allotments. The court found that the Rehabilitation Commissioner had erred in accepting a certified copy of a document without adequate inquiry and without allowing the appellant the opportunity to present rebuttal evidence. The decision emphasized the importance of due process and the necessity for a thorough investigation into the authenticity of documents before making determinations that affect land rights. The ruling reinforces the legal standards for evidence and the procedural safeguards that must be adhered to in administrative decisions, particularly in land disputes. This case serves as a critical reference for future cases involving administrative law and the rights of individuals in land allotment disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Ch. Khalilur Rahman, Advocate-on-Record for Appellant,
Raja Abdul Razzaque, Advocate-on-Record for Respondent No. 2
|
| Petitioners |
BAHADUR
|
| Respondents |
ANOTHER,
REHABILITATION & SETTLEMENT COMMISSIONER, BAHAWALPUR
|
| Citations |
1974 SLD 227,
1974 SCMR 451
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
Art. 98
|