| Case ID |
2d1b8eac-d3e9-47db-961e-b1f713ea78a8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1226 of 198 |
| Decision Date |
Apr 11, 1988 |
| Hearing Date |
Apr 11, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Mangoo Khan against the Lahore High Court's judgment dated 13 November 1984. The court upheld the decision of the Letters Patent Bench which determined that the Chief Settlement Commissioner could not exercise revisional jurisdiction over the order of another Settlement Commissioner. The court concluded that the entire proceedings were an exercise in futility, as no valid case was presented for interference with the legal position established in the earlier orders. The court emphasized that the petitioner's claims regarding double transfer and newly revealed facts did not provide sufficient grounds for judicial review. Consequently, the petition was dismissed, affirming the legal framework governing the powers of the Settlement Commissioners and the Chief Settlement Commissioner. |
| Summary |
In the case of Mangoo Khan vs. Abdul Malik and others, the Supreme Court of Pakistan addressed critical issues related to the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and the exercise of revisional jurisdiction by Settlement Commissioners. The court examined the procedural history, noting the complexities arising from multiple transfers of property. The petitioner's attempt to challenge the Chief Settlement Commissioner's refusal to revise an earlier order was rejected on legal grounds, emphasizing the limitations placed on revisional powers. The judgment highlights the importance of adhering to established legal protocols in property disputes involving displaced persons. This case serves as a significant precedent in understanding the boundaries of administrative authority within the context of property transfers and the rights of displaced individuals. Keywords: Supreme Court, Displaced Persons Act, property transfer, legal authority, judicial review, Pakistan law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVID IQBAL,
SAAD SAOOD JAN,
MANGOO KHAN
|
| Lawyers |
Not available
|
| Petitioners |
Mangoo Khan
|
| Respondents |
others,
ABDUL MALIK
|
| Citations |
1988 SLD 2479,
1988 SCMR 1188
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Constitution of Pakistan, 1973
|
| Sections |
10,
20,
21,
185(3)
|