| Case ID |
163c5130-0933-44c2-8708-7f219af571a2 |
| Body |
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| Case Number |
Civil Appeal No. 30 of 1957 |
| Decision Date |
Mar 26, 1958 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan decided that the agreement for compensation under Section 7 of the East Bengal (Emergency) Requisition of Property Act 1948 must be between the claimant and the Provincial Government. The Court held that the assessment made by the District Magistrate could not be considered valid compensation as it lacked the necessary agreement from the Provincial Government. The Court also emphasized that a writ of mandamus could issue against the District Magistrate to enforce the duty of payment of compensation, but it would not issue for the enforcement of a contract. The appeal was dismissed, affirming that without a valid agreement, the compensation claim could not be pursued. |
| Summary |
In the landmark case of Civil Appeal No. 30 of 1957, the Supreme Court of Pakistan addressed crucial issues regarding compensation claims under the East Bengal (Emergency) Requisition of Property Act 1948. The case arose when The Chandpur Mills Ltd. sought to enforce a compensation agreement for the use of its premises by military forces over a 21-year period. The Supreme Court clarified that valid compensation agreements must be made directly between the claimant and the Provincial Government, and not merely assessed by the District Magistrate. The Court further ruled that a writ of mandamus could compel the District Magistrate to fulfill his duty regarding compensation payments, but it would not serve to enforce a contractual agreement. This decision underscores the importance of proper governmental procedures in compensation claims and the necessity for clear agreements in legal matters. The case highlights the complexities of property requisition laws and the legal obligations of government officials, providing a significant precedent for future cases regarding compensation and property rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE PROVINCE OF EAST PAKISTAN,
THE CHANDPUR MILLS LTD.,
THE DISTRICT MAGISTRATE, TIPPERA
|
| Judges |
M. SHAHABUDDIN,
A. C.J.,
A. R. CORNELIUS,
AMIRUDDIN AHMAD
|
| Lawyers |
Muhammad Fazlur Rehman, Advocate, Supreme Court,
M. Siddiq, Attorney acting on behalf of A.W. Malik Attorney on-Record,
Maksumul Hakim, Advocate, Supreme Court,
K. Hossain, Attorney for Respondent No. 1
|
| Petitioners |
THE CHANDPUR MILLS LTD.
|
| Respondents |
THE PROVINCE OF EAST PAKISTAN,
THE DISTRICT MAGISTRATE, TIPPERA
|
| Citations |
1958 SLD 363,
1958 PLD 267
|
| Other Citations |
Not available
|
| Laws Involved |
East Bengal (Emergency) Requisition of Property Act 1948
|
| Sections |
7,
7-B
|