| Case ID |
2e09d06e-90f6-4d13-a3d4-141bbdec4f18 |
| Body |
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| Case Number |
Civil Petition No. 1012-L of 1992 |
| Decision Date |
Jan 08, 1993 |
| Hearing Date |
|
| Decision |
In this case, the Supreme Court of Pakistan examined the validity of a remand order issued by the High Court concerning the cancellation of an agreement of association. The High Court had previously ruled that the Settlement Commissioner lacked jurisdiction due to the repeal of evacuee laws, which rendered the case non-maintainable if not pending before a specified date. The Supreme Court granted leave to appeal to determine whether the High Court's remand order adhered to legal guidelines. The court emphasized the importance of jurisdiction and the proper forum for disputes arising from repealed laws, ultimately remanding the case for a decision in accordance with the law after hearing both parties. |
| Summary |
The case revolves around the interpretation of the Evacuee Property and Displaced Persons Laws (Repeal) Act and its implications on jurisdiction post-repeal. The Supreme Court of Pakistan dealt with the complexities of property disputes, focusing on the procedural aspects of law following the repeal of specific legislations. Key legal principles were evaluated, including the conditions under which a Settlement Commissioner can exercise authority and the timelines that dictate jurisdictional competency. The decision underscores the need for clarity in legal proceedings involving repealed laws, setting a precedent for future cases. This case is significant for legal practitioners navigating property law and jurisdictional challenges in Pakistan, offering insights into the Supreme Court's stance on administrative authority and legislative changes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
SAAD SAOOD,
JAN,
SAJJAD ALI SHAH
|
| Lawyers |
|
| Petitioners |
5 others,
Mst. ZUBEDA
|
| Respondents |
others,
ADDITIONAL SETTLEMENT COMMISSIONER, MULTAN
|
| Citations |
1994 SLD 1020,
1994 SCMR 2046
|
| Other Citations |
1973 SCMR 624,
PLD 1982 SC 413
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975),
Constitution of Pakistan (1973)
|
| Sections |
2(2),
185(3)
|