| Case ID |
1af5568e-25e7-48ed-90a3-62b43f046d57 |
| Body |
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| Case Number |
Civil Appeals Nos. 535 and 536 of 1982 |
| Decision Date |
May 29, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the High Court erred in exercising its extraordinary jurisdiction to overturn the order of the Settlement Authority based on findings of fact that required investigation. The High Court's judgment was set aside and the order of the Settlement Commissioner remanding the case was restored. The case involved rival claims regarding the transfer of a house, with the Court emphasizing the need for proper authority evaluations and the importance of due process in settlement matters. The Court concluded that the High Court should not have engaged in fact-finding, which was the responsibility of the designated Settlement Authority. |
| Summary |
In the landmark case of Civil Appeals Nos. 535 and 536 of 1982, the Supreme Court of Pakistan addressed critical issues surrounding the Displaced Persons (Compensation and Rehabilitation) Act of 1958 and its application to property disputes. The Court scrutinized the actions of the Additional Settlement Commissioner and the Deputy Settlement Commissioner in relation to the auction of a house amidst conflicting claims. The decision highlighted the importance of jurisdictional authority and the proper procedural steps necessary in adjudicating such disputes. The Court emphasized the necessity of factual investigation by designated authorities rather than judicial overreach, reinforcing the principle of due process in property matters. This case serves as a significant reference in understanding the legal framework governing displaced persons and property rights in Pakistan, ensuring that claims are resolved through proper channels and investigations. Legal practitioners should note the implications of this ruling in future cases involving similar legal principles, particularly in the context of property disputes and settlement processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY
|
| Lawyers |
Not available
|
| Petitioners |
Mirza ANWARUDDIN AKMAL represented by Legal Heirs and 3 others
|
| Respondents |
Sh. ABDUL MATEEN SIDDIQUI and others
|
| Citations |
1991 SLD 843,
1991 SCMR 265
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Constitution of Pakistan (1973)
|
| Sections |
10,
185(3),
199
|