| Case ID |
1ad046c7-0a60-4cb1-92f1-c5afa67ffee0 |
| Body |
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| Case Number |
Civil Appeals Nos.220 and 221 of 1979 |
| Decision Date |
Feb 21, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed both Civil Appeals Nos. 220 and 221 of 1979, confirming the Lahore High Court's decision regarding the land settlement case. The Court found that substantial justice had been done despite the technical objections raised by the parties. It was determined that the High Court had the discretion to convert a revision petition into a Constitutional petition, which did not violate any procedural norms. The Court also noted that the settlement authorities had jurisdiction over the land allocation process, and the rights of the parties were addressed fairly under the applicable laws. No costs were ordered in the appeals. |
| Summary |
In the case of Civil Appeals Nos. 220 and 221 of 1979, the Supreme Court of Pakistan addressed significant issues regarding land settlement under the Displaced Persons (Land Settlement) Act, 1958. The case arose from a dispute over the allotment of land to displaced persons, where the Lahore High Court had partially allowed a writ petition concerning the claims of the petitioners and respondents. The Supreme Court examined multiple contentions, including the legality of transferring claim forms and the High Court's authority to convert revision petitions into writ petitions. The Court upheld the High Court's decision, emphasizing the necessity of substantial justice over technicalities. The ruling also reinforced the discretion of the High Court in procedural matters. This case highlights the complexities surrounding land settlements for displaced persons in Pakistan, and the Court's commitment to ensuring fair treatment under the law. Keywords for SEO: land settlement, displaced persons, Supreme Court of Pakistan, legal rights, rehabilitation, justice, procedural law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
MUHAMMAD RAFIQ TARAR, J
|
| Lawyers |
Not available
|
| Petitioners |
SHAMSUL HAQ
|
| Respondents |
Mst. GHOTI,
8 Respondents
|
| Citations |
1991 SLD 1104,
1991 SCMR 1135
|
| Other Citations |
P L D 1971 S C 252
|
| Laws Involved |
Displaced Persons (Land Settlement) Act, 1958,
Displaced Persons Laws (Amendment) Ordinance, 1964,
Constitution of Pakistan, 1973,
Civil Procedure Code, 1908
|
| Sections |
2i,
10,
11,
2,
Sched,
185(3),
115
|