| Case ID |
2df57c07-1020-4304-83e8-1fb1d78f04f2 |
| Body |
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| Case Number |
Civil Appeal No. 67 of 1958 |
| Decision Date |
Dec 23, 1958 |
| Hearing Date |
Nov 14, 1958 |
| Decision |
The Supreme Court held that the Chief Commissioner of Karachi must provide an opportunity for the respondent, Mrs. Dina Sohrab Katrak, to be heard regarding the requisition of her flats. The court emphasized the importance of the principle of natural justice, stating that no individual should be deprived of their property without being afforded a chance to present their case. The court found that the previous dismissal of the appeal without a hearing was unlawful, and thus, the order was set aside, directing the Chief Commissioner to rehear the appeal after giving proper notice to all parties involved. |
| Summary |
In the landmark case of Civil Appeal No. 67 of 1958, the Supreme Court of Pakistan addressed critical issues surrounding the Sind (Requisition of Land) Act (XLVI of 1947) and the principles of natural justice. The case arose when the Chief Commissioner of Karachi requisitioned three flats owned by Mrs. Dina Sohrab Katrak without providing her an opportunity to be heard. The Supreme Court found that the right to appeal under Section 10(1) of the Act inherently includes the right to be heard, as the denial of such an opportunity violates fundamental principles of justice. The court ruled that the previous decision to dismiss the appeal without a hearing was void, thus mandating a rehearing. This case underscores the necessity of fair hearings in administrative decisions affecting property rights, reinforcing the principle that no person should face deprivation of liberty or property without an adequate opportunity to defend their interests. This ruling aligns with the broader legal principles and precedents established in previous cases, emphasizing the role of justice in administrative proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Chief Commissioner, Karachi,
Rent Controller, Karachi
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN, J.,
A. R. CORNELIUS, J.,
AMIRUDDIN AHMAD, J.,
S. A. RAHMAN, J.
|
| Lawyers |
H. T. Raymond, Advocate,
Sharif-ud-Din, Advocate
|
| Petitioners |
,
CHIEF COMMISSIONER, Karachi
|
| Respondents |
MRS. DINA SOHRAB KATRAK
|
| Citations |
1959 SLD 376,
1959 PLD 45
|
| Other Citations |
The Queen v. The Archbishop of Canterbury E R 120 (K B) 1014,
Cooper v. The Wandsworth Board of Works 14 C B (N S) 180=143 E R 414,
James Dunbar Smith v. Her Majesty the Queen (1878) 3 A C 614,
Russell v. Russell 14 Ch. D 471,
King v. Tribunal of Appeal Under the Housing Act (1920) 3 K B 335,
Stafford v. Minister of Health (1946) I K B 621
|
| Laws Involved |
Sind (Requisition of Land) Act (XLVI of 1947)
|
| Sections |
10(2),
10(1)
|