| Case ID |
0fe9c666-0494-42a3-b7ac-9335d6507196 |
| Body |
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| Case Number |
Constitutional Petition No. 160 of 1975 |
| Decision Date |
Nov 06, 1978 |
| Hearing Date |
Nov 06, 1978 |
| Decision |
The Sindh High Court found that the Land Commission's order regarding alleged alienation transactions was not sustainable as it denied the right of hearing to the prejudiced party. The court ordered that the matter be heard afresh by the Land Commission, ensuring all parties concerned are notified. This highlighted the importance of due process and the right to a fair hearing in administrative proceedings. |
| Summary |
In the case of Muhammad Noorul Husnain (through his heirs) vs. Sind Land Commission, the Sindh High Court addressed significant issues regarding administrative justice and the right to a fair hearing. The case centered on the findings of the Land Commission related to alleged alienation transactions, which were deemed non-existent. The petitioners argued that they were prejudiced by the Land Commission's ruling, which denied them the opportunity to be heard. As a result, the court ruled that the impugned order was unsustainable and mandated that the Land Commission re-evaluate the case, providing proper notice to all relevant parties. This case underscores the critical nature of procedural fairness in administrative law and affirms the rights of individuals against arbitrary decisions by state bodies. The judgment serves as a precedent for similar cases where due process is called into question, reinforcing the principles of justice and equity in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Land Commission
|
| Judges |
FAKHRUDDIN G. EBRAHIM,
AJMAL MIAN
|
| Lawyers |
Akhtar Mahmood,
Niaz Ahmad Khan
|
| Petitioners |
MUHAMMAD NOORUL HUSNAIN (THROUGH HIS 6 HEIRS)
|
| Respondents |
SIND LAND COMMISSION, HYDERABAD
|
| Citations |
1979 SLD 231,
1979 PLD 460
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199,
Land Reforms Regulation, 1972 (M. L. R. 115)
|