| Case ID |
0a21bac0-ca3f-4091-a3e5-09d658f7d5ef |
| Body |
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| Case Number |
K-433 of 1983 |
| Decision Date |
Feb 19, 1984 |
| Hearing Date |
Jan 15, 1984 |
| Decision |
The Supreme Court dismissed the petition filed by Miss Rahila Mumtaz seeking a Permanent Residence Certificate in Form 'C'. The Court upheld the findings of the District Magistrate and the Commissioner of Hyderabad Division, which concluded that the petitioner was not a permanent resident of Kotri. The Court emphasized that the domicile certificate of the petitioner's father alone could not be the basis for granting the Permanent Residence Certificate, as the relevant rules require an independent inquiry. The Court found that the petitioner had been born and educated in Karachi, and her claims of residency in Kotri were not substantiated by evidence. Consequently, the High Court's decision to dismiss the petition was deemed unexceptionable, confirming the importance of sufficient material and facts in determining residency status. |
| Summary |
This case revolves around the denial of a Permanent Residence Certificate to Miss Rahila Mumtaz, who claimed residency in Kotri, District Dadu. The Supreme Court of Pakistan examined the validity of her claims against the backdrop of the Sind Permanent Residence Order Certificate Rules, 1971, particularly Rule 4. The Court affirmed that the domicile of the petitioner's father, who had been living in Karachi, could not solely justify the issuance of the certificate. The petitioner's education in Karachi and lack of evidence proving her permanent residence in Kotri played a crucial role in the judgment. The Court highlighted that residency status must be established through independent inquiry and cannot rely solely on familial domicile. This decision underscores the legal importance of substantiating claims of residency with credible evidence and the limitations of domicile certificates in such matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
M.M. K. A. Zia
|
| Petitioners |
Miss Rahila Mumtaz
|
| Respondents |
District Magistrate, Dadu,
Commissioner of Hyderabad Division
|
| Citations |
1985 SLD 740,
1985 SCMR 1286
|
| Other Citations |
1978 SCMR 439,
1982 C L C 2383,
1979 C L C 237,
1980 S C M R 736,
P L D 1978 Quetta 40
|
| Laws Involved |
Sind Permanent Residence Order Certificate Rules, 1971
|
| Sections |
R. 4
|