| Case ID |
08d8e1e6-4d7e-491f-ac2d-8ae6c89e0b67 |
| Body |
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| Case Number |
Civil Appeals Nos. 34-D and 35-D of 1958 |
| Decision Date |
May 07, 1959 |
| Hearing Date |
May 06, 1959 |
| Decision |
The Supreme Court of Pakistan held that the High Court's decision to cancel the requisitioning of certain properties under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, was enforceable only to the extent that it addressed the constitutional objection. The Court determined that the constitutional objection ceased to be enforceable due to the abatement clause in the Laws (Continuance in Force) Order of 1958. However, the other grounds raised in the petitions, which were not addressed by the High Court, were remitted back for re-hearing. The Court stressed the importance of determining whether the requisition was for a public purpose and whether it was executed in good faith. The petitions were thus remitted for a fresh decision on these points. |
| Summary |
In the landmark case of Civil Appeals Nos. 34-D and 35-D of 1958, the Supreme Court of Pakistan addressed critical issues surrounding the requisition of properties under the East Bengal (Emergency) Requisition of Property Act, 1948. The case arose when the High Court directed the Province of East Pakistan to cancel requisition orders on the grounds of violation of Article 15 of the Constitution. The appellants contended that the requisition was valid and for public purposes, while the respondents claimed it was illegal as it served private interests. The Supreme Court ultimately found that the High Court's ruling on the constitutional objection was no longer enforceable due to the Laws (Continuance in Force) Order, 1958, but remitted the case for further examination on the remaining grounds. This case underscores the balance between public interests and property rights under constitutional law and remains a significant reference for future cases involving property requisition and constitutional rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Mehar Industries
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN,
A. R. CORNELIUS,
AMIRUDDIN AHMAD
|
| Lawyers |
B. A. Siddiki, Advocate General, East Pakistan,
Abdul Hye, Advocate, Supreme Court,
Shahab-ud-Din Ahmad, Attorney for Appellants,
Hamid ul Haq Chaudhry, Senior Advocate, Supreme Court,
S. R. Pal, Advocate, Supreme Court,
Md. Yaqub Hussain, Attorney for Respondents Nos. 1 and 2,
A. K. Brohi, Senior Advocate, Supreme Court,
A. S. Chaudhry, Senior Advocate, Supreme Court,
Miss R. S. Qari, Advocate, Supreme Court,
T. H. Khan, Advocate, Supreme Court,
Siddiq & Co., Attorneys for Respondent No. 3,
Abdul Wadood Mia, Attorney for Respondent
|
| Petitioners |
ABDUL GHANI,
ABDUL KARIM,
MOHAMMAD RAJAB ALI
|
| Respondents |
THE PROVINCE OF EAST PAKISTAN
|
| Citations |
1959 SLD 356,
1959 PLD 246
|
| Other Citations |
The State v. Dosso P L D 1958 S C (Pak.) 533
|
| Laws Involved |
East Bengal (Emergency) Requisition of Property Act,
Constitution of Pakistan (1956),
Laws (Continuance in Force) Order
|
| Sections |
3,
15,
2(7)
|