| Case ID |
30dcba65-109d-4ec4-a879-3c64f6be8dc5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 367 of 1997 |
| Decision Date |
Feb 03, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled on the maintainability of an intra-court appeal concerning the cancellation of land allotment under the Displaced Persons (Land Settlement) Act. The court found that the order challenged was an original order and not subject to appeal or revision due to the repeal of previous laws. The decision emphasized the importance of understanding the nature of original orders and the implications of statutory changes on available legal remedies. The court remanded the case back to the High Court for a decision on the merits of the intra-court appeal, allowing the petitioners to seek redress in light of the clarified legal framework. |
| Summary |
This case involves the Supreme Court of Pakistan's interpretation of the Displaced Persons (Land Settlement) Act and its implications for the maintainability of intra-court appeals. The court analyzed the statutory framework governing land allotments to displaced persons and the subsequent repeal of laws affecting these proceedings. The ruling highlights the complexities of legal definitions surrounding original orders and the impact of legislative changes on the rights of affected parties. This case serves as a crucial reference for future disputes involving land allotments and the rights of displaced persons in Pakistan, particularly in the context of evolving legal standards and procedural norms. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Muhammad Zainul Abidin, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record,
M.D. Chaudhary, Advocate Supreme Court
|
| Petitioners |
BASAI
|
| Respondents |
8 others,
QAIM ALI
|
| Citations |
2003 SLD 3451,
2003 PLD 325
|
| Other Citations |
Mst. Karim Bibi and others v. Hussain Bukhsh and others PLD 1984 SC 344,
Tufail Muhammad v. Muhammad Zia Ullah Khan PLD 1965 SC 269,
Zulfiqar Ali Khan v. Muhammad Mubarak Khan 1970 SCMR 38,
Muhammad Latif & Co. v. Chief Settlement and Rehabilitation Commissioner PLD 1974 SC 130,
Nawab Din v. Member, BOR PLD 1979 SC 846
|
| Laws Involved |
Law Reform Ordinance (XII of 1972),
Displaced Persons (Land Settlement) Act (XLVII of 1958),
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)
|
| Sections |
3(2),
10,
11,
30(3),
2(2),
3
|