| Case ID |
3096cfae-9eb6-48b0-a1b5-72f5f1907caf |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 154 of 1977 |
| Decision Date |
Nov 11, 1985 |
| Hearing Date |
Nov 11, 1985 |
| Decision |
The Supreme Court of Pakistan set aside the orders of the High Court and upheld the order of the Settlement and Claims Commissioner. The case was remanded to the Notified Officer under the repealed Act for determining the eligibility of the appellants afresh in terms of the Supreme Court's directives. The Court concluded that the previous orders regarding the property transfer were flawed due to jurisdictional defects, specifically citing issues with the authority of the Assistant Settlement Commissioner and the procedural integrity of the review processes involved. |
| Summary |
This case revolves around the transfer of property rights under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Supreme Court examined whether the High Court had made errors regarding the handling of the appellants' revision applications and the authority of the lower court to issue property transfer orders. The Court found that the procedural lapses and jurisdictional issues invalidated the previous orders, warranting a fresh examination of the case. The decision emphasizes the importance of adhering to proper legal protocols in property disputes, especially those involving displaced persons. This ruling not only highlights the complexities in property law but also underscores the significance of judicial oversight in administrative decisions. Keywords: Displaced Persons, property transfer, Supreme Court of Pakistan, legal protocols, judicial oversight. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
MIAN BURHANUDDIN KHAN, JJ
|
| Lawyers |
A.R. Sheikh, Senior Advocate, Supreme Court,
Rana Maqbool Ahmad Qadri, Advocate-on-Record for Appellants,
Ch. Khalilur Rahman, Senior Advocate, Supreme Court,
M. A. Qazi, Advocate-on-Record for Respondent No. 1,
Shahzad Jehangir, Advocate Supreme Court for Respondent No. 2
|
| Petitioners |
another,
Malik REHMATULLAH
|
| Respondents |
another,
Mian MUHAMMAD SHAFI
|
| Citations |
1986 SLD 496,
1986 SCMR 496
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 185(3),
Ss. 10,
Ss. 11,
S. 21(1)
|