| Case ID |
39071b56-7235-4df4-94c1-ce67be1ee3bc |
| Body |
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| Case Number |
Civil Appeal No. 61 of 1983 |
| Decision Date |
Apr 26, 1988 |
| Hearing Date |
Apr 26, 1988 |
| Decision |
The Supreme Court of Pakistan found that the proceedings against the appellant by the Board of Revenue were conducted without due process, specifically without affording the appellant an opportunity to be heard. The Board's actions were deemed to be without jurisdiction since the appellant was not given a chance to present his case before the order was passed. Consequently, the Court remanded the case for a fresh hearing, instructing that the appellant and other affected parties be given an opportunity to be heard. The previous decision of the Lahore High Court was set aside, and there were no orders regarding costs. |
| Summary |
In the landmark case of Sher Ali vs. Member (Colonies), Board of Revenue, Punjab, the Supreme Court of Pakistan addressed significant issues related to procedural fairness and jurisdiction under the Colonization of Government Lands (Punjab) Act, 1912. The appellant, Sher Ali, had transferred his grant of government land after obtaining the necessary permission from the Collector. However, the Board of Revenue later sought to reverse this sanction, claiming fraud had occurred. The Court emphasized the importance of granting an opportunity to be heard before making decisions that affect parties' rights. This case highlights the critical nature of due process in administrative proceedings and reinforces the principle that government bodies must adhere to fair hearing requirements before passing any orders that may adversely impact individuals. The ruling serves as a precedent for similar cases, ensuring that procedural safeguards are upheld in administrative law. Keywords such as 'due process', 'administrative law', 'government land', and 'fair hearing' are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
SAAD SAOOD JAN,
ALI HUSSAIN QAZILBASH,
USMAN ALI SHAH
|
| Lawyers |
|
| Petitioners |
SHER ALI
|
| Respondents |
,
MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB
|
| Citations |
1988 SLD 2551,
1988 SCMR 1322
|
| Other Citations |
Not available
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act, 1912
|
| Sections |
19
|