| Case ID |
2fe9019e-754a-42ec-b607-ac1b9b1fa144 |
| Body |
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| Case Number |
Civil Revision No. 9 of 1986 |
| Decision Date |
Aug 28, 1990 |
| Hearing Date |
Apr 15, 1990 |
| Decision |
The court ruled that the principles of natural justice were not violated in the cancellation of the land grant to Abdul Khalique. It found that he was given an opportunity to be heard before the cancellation, thus no adverse order was made against him without his knowledge. The court distinguished previous cases cited by the petitioners, reinforcing that the absence of prejudice negates claims of natural justice violations. Furthermore, the court upheld the findings of the First Appellate Court, which correctly reversed the trial court's perverse decision regarding ownership claims. The revision application was dismissed, affirming the decisions made by the lower courts. |
| Summary |
This case revolves around the cancellation of a land grant under the Displaced Persons (Land Settlement) Act, 1958, affecting Abdul Khalique alias Khalique Dino. The Sindh High Court examined whether the principles of natural justice were upheld during the cancellation process, ultimately ruling in favor of the respondents. The court addressed the complexities surrounding land ownership, evacuee property claims, and the legal ramifications of pre-emption suits. The decision emphasizes the importance of providing a fair hearing and the implications of admitting ownership in related legal proceedings. Key concepts discussed include the validity of land grants, the role of natural justice in administrative decisions, and the interplay between various legal codes. This case serves as a significant reference for understanding land settlement laws and the judicial interpretation of natural justice principles. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Ahmed Hamidi, J
|
| Lawyers |
G.M. Channa,
Ghulam Sarwar Abbasi,
Nemo
|
| Petitioners |
8 others,
Gul Muhammad
|
| Respondents |
2 others,
Buxal
|
| Citations |
1991 SLD 1651,
1991 CLC 229
|
| Other Citations |
Allah Warayo v. Government of Sindh and 2 others 1984 C L C 2100,
Mst. Sardar Bibi and others v. Settlement Commissioner/Chief Settlement Commissioner and others 1986 C L C 2452,
Abdullah Khan through his L.Rs. v. Mst. Khurshid Begum and others 1987 S C M R 1652,
Nasir Abbas v. Manzoor Haider Shah P L D 1989 SC 568
|
| Laws Involved |
Displaced Persons (Land Settlement) Act (XLVII of 1958),
Civil Procedure Code (V of 1908)
|
| Sections |
10,
11,
115
|