| Case ID |
399d41e3-2f77-432c-b8c2-f47058855538 |
| Body |
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| Case Number |
Civil Appeal No. 62 of 1964 |
| Decision Date |
Dec 10, 1964 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal by the appellant, Mirza Muhammad Yaqub, against the order of the High Court of West Pakistan. The appellant sought the transfer of Sudershan Re-Rolling Mill to himself based on grounds provided under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Court held that the appellant's claims under para. 15(2) and para. 15(3) were not substantiated with the necessary evidence and did not meet the legal requirements stipulated in the Act. Specifically, the appellant failed to demonstrate that he had left a registered industrial concern in India or made the required investment in the property as per the Act's provisions. Furthermore, the Court emphasized that rights granted under the Act are enforceable only through applications to the Settlement Authorities and not through ordinary civil courts. The appeal was dismissed without an order as to costs. |
| Summary |
In the landmark case of Civil Appeal No. 62 of 1964, decided on December 10th, 1964, the Supreme Court of Pakistan addressed significant issues under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The appellant, Mirza Muhammad Yaqub, sought the transfer of Sudershan Re-Rolling Mill, located in Amloknagar, Sargodha, based on his claims under para. 15(2) and para. 15(3) of the Act. The case revolved around the appellant's inability to substantiate his claims effectively. Despite being an allottee from the Industrial Rehabilitation Board and alleging abandonment of another industrial concern in India, the appellant failed to provide concrete evidence of the required investment or the abandonment claims as per the Act's provisions. The Supreme Court meticulously analyzed the applicable laws, emphasizing that the rights under the Act are enforceable solely through applications to the Settlement Authorities and not via ordinary civil litigation. The Court also highlighted the principle of res judicata, preventing the appellant from raising new pleas in subsequent petitions based on the same facts. The judges, including A. R. Cornelius, C.J., and others, unanimously dismissed the appeal, reinforcing the necessity for strict adherence to legal procedures when invoking rehabilitation and compensation laws. This decision underscores the judiciary's role in upholding legislative intent and ensuring that rehabilitation frameworks are implemented judiciously, safeguarding both the rights of displaced persons and the integrity of industrial rehabilitation processes. The case remains a pivotal reference for understanding the interplay between displaced persons' rights and governmental authority in post-colonial Pakistan, offering valuable insights into the legal mechanisms governing property transfer and rehabilitation claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Settlement Authorities,
Central Government,
Sargodha,
Sudershan Re-Rolling Mill,
Amloknagar
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLEAKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Nasim Hassan Shah Senior Advocate Supreme Court,
Kh. Shaukat Ali Advocate Supreme Court,
Ghias Muhammad Attorney General Government of Pakistan,
Nazar Ahmad Khan Advocate Supreme Court,
Iftikhar-ud-Din Ahmad Attorney No. 1,
Aftab Hussain Advocate Supreme Court,
Bashir Ahmad Attorney No. 2
|
| Petitioners |
Mirza MUHAMMAD YAQUB
|
| Respondents |
THE CHIEF SETTLEMENT COMMISSIONER, LAHORE,
Syed SADIQ HUSSAIN ZAIDI
|
| Citations |
1965 SLD 78 = 1965 PLD 254
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
Schedule, para.15(2)(3)(4)
|