| Case ID |
2127d4c8-3ddc-4f33-b187-ccf972b93edd |
| Body |
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| Case Number |
Civil Appeal No. 26 of 1958 |
| Decision Date |
Jul 17, 1958 |
| Hearing Date |
Jul 15, 1958 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the order of the High Court of West Pakistan. The Court emphasized that the grant of special leave is not subject to technical considerations and that the appellants had a direct interest in the property in dispute. The Court found that the appellants were entitled to participate in the auction for the management of the Capitol Cinema as they had a share in the surplus income generated by the property. The Court clarified the powers of the Rehabilitation Commissioner in appointing managers and highlighted the fiduciary nature of such roles. The decision underscored the importance of fair practice in the management of evacuee properties and the necessity of adhering to lawful procedures. |
| Summary |
In the landmark case of Civil Appeal No. 26 of 1958, the Supreme Court of Pakistan addressed critical issues regarding the management and allocation of evacuee properties under the Pakistan (Administration of Evacuee Property) Ordinance, 1949. The appellants, Hamidullah and Abdul Majid Asi, contested a decision made by the High Court of West Pakistan, which had directed the continuation of management of the Capitol Cinema by Raj Khurshid Ahmad Khan. The Supreme Court held that the appellants, having participated in the auction for management rights of the cinema, had a legitimate claim to the property based on their entitlement to the surplus income. The Court clarified that the Rehabilitation Commissioner held the authority to appoint managers, which included the power to dismiss them if they acted contrary to the terms set forth in the governing laws. The decision reinforced the principle that the management of evacuee properties must be conducted transparently and in accordance with established legal frameworks, ensuring the rights of all stakeholders are protected. This case is significant in the context of property law and the administration of resources allocated for the rehabilitation of refugees in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Rehabilitation Department,
Capitol Cinema
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN,
A. R. CORNELIUS, JJ
|
| Lawyers |
Jamil Husain Rizvi,
Shaukat Ali,
Mushtaq Ahmad,
Iftikhar-ulHaq Khan,
V. Husain Naqvi,
M. Siddiq & Co.,
Ijaz Ali
|
| Petitioners |
HAMIDULLAH,
ABDUL MAJID ASI
|
| Respondents |
REHABILITATION COMMISSIONER GENERAL, WEST PAKISTAN,
SECRETARY, WEST PAKISTAN INDUSTRIES REHABILITATION BOARD,
RAJ KHURSHID AHMAD KHAN
|
| Citations |
1958 SLD 365,
1958 PLD 516
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Ordinance, 1949,
Constitution of Pakistan
|
| Sections |
20(2)(r),
20(2)(b),
160
|