| Case ID |
2c041018-bcdb-4778-b604-b11f380aec80 |
| Body |
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| Case Number |
Civil Appeal No. 60 of 1962 |
| Decision Date |
Feb 06, 1964 |
| Hearing Date |
Dec 05, 1963 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Ata Ullah Malik against the order of the Custodian of Evacuee Property. The court held that the Custodian acted within his jurisdiction under the Pakistan (Administration of Evacuee Property) Act, 1957. The court emphasized that the Custodian's powers are extensive and that his decisions are final unless there is a clear misapplication of law or jurisdictional error. The court reiterated that the matters of fact determined by the Custodian, if made honestly and within the statutory framework, would not be subject to scrutiny by the Supreme Court. The court found that the orders made by the Custodian and Additional Custodian were based on a thorough examination of facts and evidence. Consequently, the appeal was dismissed, affirming the previous decisions regarding the confirmation of sales of evacuee property. |
| Summary |
This case revolves around the legal proceedings concerning the administration and confirmation of sales of evacuee properties under the Pakistan (Administration of Evacuee Property) Act, 1957. The Supreme Court of Pakistan addressed the jurisdiction of the Custodian and confirmed that the powers granted to him are broad, allowing him to make final decisions regarding the transfer and management of evacuee properties. The case highlights the balance between administrative discretion and legal recourse available to affected parties, emphasizing that decisions made in good faith and within the legal framework are not easily overturned. This case is pivotal for understanding the legal landscape surrounding evacuee property management in Pakistan, particularly in the context of refugee rehabilitation and property rights. The court's decision reinforces the importance of the Custodian's role in ensuring fair distribution and management of properties, which are critical for the economic stability of displaced persons. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
The Custodian Evacuee Property,
Rehabilitation Authority
|
| Judges |
A. R. CORNELIUS, C. J.,
S. A. RAHMAN, J.,
FAZLE-AKBAR, J.,
B. Z. KAIKAUS, J.,
HAMOODUR RAHMAN, J.
|
| Lawyers |
Mahmud Ali Senior Advocate Supreme Court,
M. Siddiq Senior Attorney for Appellant,
Sayeed A. Sheikh Advocate Supreme Court,
Shafiq Ahmad Attorney for Respondent No. 1,
A. K. Brohi Senior Advocate Supreme Court,
S. A. Nusrat Advocate Supreme Court,
M. S. Kazilbash Advocate Supreme Court
|
| Petitioners |
ATA ULLAH MALIK
|
| Respondents |
THE CUSTODIAN EVACUEE PROPERTY, WEST PAKISTAN AND KARACHI,
SARDAR BATTAN SINGH HARNAM SINGH,
S. ISHWAR SINGH HARNAM SINGH,
S. AMAR SINGH ISHWAR SINGH,
RASHID MERWARI IRANI,
KHUDA DAD ARDSHER IRANI
|
| Citations |
1964 SLD 3,
1964 PLD 236
|
| Other Citations |
Muhammad Saeed v. Election Petitions Tribunal West Pakistan P L D 1957 S C (Pak.) 91,
Abul Hossain Sana v. Suwalal Agarwala P L D 1962 S C 242
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act, (XII of 1957)
|
| Sections |
25,
20,
43
|